Federal Court Litigation

Litigation in federal court requires special skills and experience. The temperament and pace of litigation in federal court is generally different from that in state court. By this nature, federal cases involve significant financial stakes or complex federal law issues. At Shumaker, our federal court litigators have both the substantive knowledge and technical skill required for success in federal litigation.

Our federal court litigators regularly appear before the U.S. District Courts of Florida, Michigan, North Carolina and Ohio. Several are former law clerks to district court judges. Many of our federal court litigators also interact with the federal judges at seminar presentations and on local bar committees. These experiences enable us to achieve results for our clients.

Many times, our federal litigators have pursued significant federal issues and established new law in both the district courts and the Circuit Courts of Appeal. Our federal litigators have frequently participated in high-stakes business disputes and cases resulting in published opinions in litigation involving the Employee Retirement Income Security Act (ERISA), the Commodity Exchange Act (CEA), the Americans With Disabilities Act (ADA), the Racketeer Influenced and Corrupt Organizations Act (RICO), the Bankruptcy Code, the Lanham Act and the Copyright Act.

In addition to these areas, our litigators also have experience with claims involving the following federal laws:

  • The Petroleum Marketing Practices Act
  • The Sherman Act, Clayton Act and Robinson-Patman Act
  • The 1933 and 1934 Securities Acts
  • Constitutional claims arising under the Bill of Rights including the 1st Amendment
  • The Federal Rehabilitation Act
  • The Family Medical Leave Act
  • Motor and rail carrier claims arising under federal statutes and regulations
  • The Social Security Act
  • Civil Rights Acts

Our experience and breadth of knowledge allows us to sit down with our clients facing the prospect of federal litigation, evaluate the issues, map out and execute a strategy, and achieve results that are significant and beneficial for our clients in an economical and efficient manner.

News Releases


10.05.2015Three of Kettle Falls Five get sentenced to real federal time for marijuana grow in Washington state
10.05.2015"Toward Saner, More Effective Prison Sentences"
10.05.2015Missouri Gov commutes death sentence at last minute because...............??
10.05.2015Via summary reversal, SCOTUS rejects state court determination of ineffective defense
10.05.2015Previewing the early criminal law cases on the SCOTUS docket
10.05.2015Leading distinct GOP Senators make the case for federal sentencing reform via SRCA 2015
10.04.2015Highlighting how state education spending decreases as state corrections spending increases
10.04.2015Strong crime and punishment coverage of drugs, guns and more via Vox
10.03.2015"Why Don't Courts Dismiss Indictments? A Simple Suggestion for Making Federal Criminal Law a Little Less Lawless"
10.02.2015Virginia completed execution of multi-state serial killer
10.02.2015Virginia completes execution of multi-state serial killer
10.02.2015"How to Fight Modern-Day Debtors' Prisons? Sue the Courts."
10.02.2015Top Oklahoma court puts all executions on hold upon state request after drug snafu
10.02.2015"What happens when Americans in prison come home?"
10.01.2015"President Obama and the Power of Mercy"
10.01.2015Bipartisan federal sentencing reform bill due to emerge from Senate today
10.01.2015Lots and lots of good reads from The Atlantic, Reason, and Slate
10.01.2015Montgomery wards: might SCOTUS decide it lacks jurisdiction to resolve juve LWOP retroactivity case?
10.01.2015Basic elements of Sentencing Reform and Corrections Act of 2015
10.01.2015SCOTUS grants review in 13 new cases, including capital and federal sentencing appeal issues
10.01.2015"Retributive Desert as Fair Play"
10.01.2015Can and should the US Sentencing Commission try quickly to help everyone take stock of the SCRA 2015?
09.30.2015Georgia finally completes execution of female murderer
09.30.2015"The Costs and Benefits of Subjecting Juveniles to Sex-Offender Registration and Notification"
09.30.2015Education Secretary calls on state and local governments to "put a new emphasis on schools rather than jails"
09.30.2015Oklahoma Gov grants 37-day "stay" of Richard Glossip's scheduled execution
09.30.2015Missouri Supreme Court considering constitutional challenge to lifetime sex offender registration for 14-year-old offender
09.29.2015"Heroin, Murder, and the New Front in the War on Drugs"
09.29.2015#BESTEA: "Will the Supreme Court 'peck away at' capital punishment?"
09.29.2015Is the "don't blame the drug war for mass incarceration" counter-narrative problematically incomplete?
09.29.2015Long-awaited bipartisan federal criminal justice reform bill to emerge from Senate this week
09.29.2015New papers looking closely (and differently) at offender-based sentencing considerations
09.28.2015Could crime be significantly reduce if marijuana tax revenues were all devoted to public safety?
09.28.2015"The Real Roots of '70s Drug Laws"
09.28.2015Papal prison priorities: "to care for wounds, to soothe pain, to offer new possibilities"
09.28.2015FBI releases national crime data reporting 2014 continued historic crime declines
09.28.2015Are we about to start the #Best Ever SCOTUS Term for Eighth Amendment?
09.28.2015A busy (and diverse) week for execution plans and capital concerns
09.27.2015VICE special prison report, "Fixing the System," to premire tonight on HBO
09.26.2015Latest Glossip kerfuffle concerns whether Texas could make and export "better" execution drugs
09.26.2015"Chain Gang 2.0: If You Can't Afford This GPS Ankle Bracelet, You Get Thrown In Jail"
09.25.2015Former prosecutors' provocative pitch for preserving tough federal drug mandatory minimums
09.25.2015Duchess of Cambridge creates surprising Princess prison diaries in UK
09.25.2015Notable reactions and commentary after Pope Francis calls again for death penalty abolition
09.25.2015How might House speaker John Boehner's resignation announcement impact prospects for federal sentencing reform?
09.25.2015Depressing new 2005 released-prisoner recidivism data from BJS (with lots of spin possibiities)
09.24.2015"Johnson v. United States and the Future of the Void-for-Vagueness Doctrine"
09.24.2015Is Justice Scalia saying four (and maybe five) colleagues are now ready to judicially abolish death penalty?
09.24.2015First Circuit panel reverses stat max drug sentence based on co-defendant disparity
09.24.2015Pope Francis, speaking to Congress, urges abolishing death penalty (and LWOP)
09.24.2015Wisconsin appeals court urges state's top court to review use of risk-assessment software at sentencing
09.23.2015"Pope Francis and the case for American criminal justice reform"
09.23.2015Investigating how elected judiciary may impact capital punishment's administration
09.23.2015Wisconsin appeals court declares unconstitutional criminalization of sex offenders photographing kids in public
09.23.2015Prez candidate Bernie Sanders: "We Must End For-Profit Prisons"
09.22.2015Former peanut CEO (sort of) gets less than LWOP for salmonella outbreak
09.22.2015"No Hope: Re-Examining Lifetime Sentences for Juvenile Offenders"
09.22.2015Suggesting unionization as a (partial) solution to to federal indigent defense problems
09.21.2015"Risk Assessment in Criminal Sentencing"
09.21.2015Is there really a "growing conservative movement" that will create "bipartisan coalition opposing" the death penalty?
09.21.2015Eleventh Circuit panel categorically rejects Johnson vagueness attack on career offender guidelines
09.21.2015"Rich Offender, Poor Offender: Why It (Sometimes) Matters in Sentencing"
09.20.2015"Mass Incarceration Has Become the New Welfare"
09.20.2015You be the federal judge: how long a prison term for peanut executives convicted of selling salmonella-tainted food?
09.18.2015Ohio judges pushing for "truth in plea bargaining"
09.18.2015"Cuba to release 3,522 prisoners on the eve of Pope Francis' visit; why can't Obama do the same?"
09.18.2015Shouldn't former federal judge Mark Fuller now be federally prosecuted for perjury?
09.17.2015"The Meaning of 'Meaningful Appellate Review' in Capital Cases: Lessons from California"
09.17.2015Notable Left/Right morality accounting of the "Truth about Mass Incarceration"
09.17.2015Lots of new data from BJS on prisoners and from USSC on federal sentencing
09.17.2015Prez Candidate Bernie Sanders announces plan to restore federal parole and eliminate private prisons
09.16.2015"Here's why Obama should pardon hundreds more women"
09.16.2015Does Glossip case reveal Oklahoma's prosecutors as immoral and its judges lacking in moral fiber?
09.16.2015"Who Pays? The True Cost of Incarceration on Family"
09.16.2015Federal child porn downloaders complaining to judges about Jared Fogle's (too sweet?) plea deal
09.16.2015"The Literal Cost of Solitary Confinement: Why are prisoners forced to pay fines when they are put in isolation?"
09.16.2015Split en banc Third Circuit struggles through how to review and assess Alleyne error
09.16.2015Attorney for Dylann Roof, Charleston church mass murderer, suggests plea to avoid death sentence
09.16.2015Oklahoma's top criminal court stays execution of Richard Glossip for two weeks
09.16.2015Hoping (again) to hear criminal justice reform discussion during tonight's GOP debate
09.15.2015Two very interesting (and very different) long reads about mass incarceration and drug dealing
09.15.2015"Unequal Assistance of Counsel"
09.14.2015"How Obama can use his clemency power to help reverse racism"
09.14.2015Is the death penalty on "life support" or about to have a quickened pulse?
09.14.2015Is a capital case the right kind of vehicle for SCOTUS to consider solitary confinement?
09.14.2015Montgomery wards: gearing up for SCOTUS juve LWOP retroactivity case
09.13.2015New gossip about claim of innocence in Glossip
09.13.2015Alabama Chief Justice laments mandatory LWOP drug sentence for 76-year-old offender
09.12.2015Is Arkansas about to jump back seriously into execution business?
09.12.2015"Punitive Compensation"
09.12.2015Federal judge finds unconstitutional Missouri's operation of its sex-offender civil commitment program
09.11.2015DOJ files amicus brief in PA Supreme Court supporting prosepctive "constructive denial of counsel claims"
09.11.2015"Dignity and the Eighth Amendment: A New Approach to Challenging Solitary Confinement "
09.10.2015"No Reason to Blame Liberals (or, the Unbearable Lightness of Perversity Arguments); Review of the First Civil Right: How Liberals Built Prison America, by Naomi Murakawa"
09.10.2015Notable passages showing Bill Otis sometimes agrees with criminal defense perspectives
09.10.2015New Justice Department sound and fury about white-collar prosecutions signifying....?
09.10.2015Notable collective makes plans for "smart on crime" criminal code reform in Ohio
09.10.2015Validity of Pennsylvania Gov halting of death executions considered by state Supreme Court
09.10.2015Prez Obama makes a new (and a renewed) nomination to the US Sentencing Commission
09.10.2015Is Donald Trump's bluster hurting the cause of federal sentencing reform?
09.09.2015Noting federal prison reforms possible without statutory changes
09.09.2015"Federal Indigent Defense 2015: The Independence Imperative"
09.09.2015Examining death penalty developments in distinct death penalty states
09.08.2015Two notable new papers about plea bargaining procedures and practices
09.08.2015Highlighting headwinds for federal sentencing reform in coming critical period
09.08.2015"The Pointless Banishment of Sex Offenders"
09.07.2015"The New Peonage"
09.07.2015Lots of interesting criminal-justice reading for the long weekend
09.06.2015Connecticut prosecutors seek reconsideration of retroactive abolition of death sentences
09.06.2015Digging deeply into the back-end of criminal justice systems
09.06.2015Ohio queue of condemned keeps growing as state struggles with its death machinery
09.04.2015"American Criminal Record Exceptionalism"
09.04.2015Remarkable federal sentencing story pits prosecutors against each other
09.04.2015"I'm a public defender. It's impossible for me to do a good job representing my clients."
09.04.2015Are you ready for some college football ... and highlights from Marijuana Law, Policy and Reform
09.03.2015Prison realities and reform insights from "Mr. Smith Goes to Prison"
09.03.2015"The Pressing Need for Mens Rea Reform"
09.03.2015Prison administrators contribute to new report on solitary confinement
09.03.2015"The simple truth about why mass incarceration happened"
09.03.2015Third Circuit panel explains Scylla and Charybdis of habeas law to prisoner John (Odysseus) Doe
09.03.2015Lots of ideas for Prez Obama for final criminal justice reform push
09.03.2015South Carolina prosecutors begin pursuit of death penalty again Charleston church mass murderer
09.03.2015Julie Stewart of FAMM goes hard after Bill Otis for being "proven wrong time and time again"
09.02.2015"Share Your Grief But Not Your Anger: Victims and the Expression of Emotion in Criminal Justice"
09.01.2015SCOTUS lets convicted former Virginia Gov to remain free pending cert decision
09.01.2015District Judge struggles with impact of reduced guidelines for (long-ago) kingpin crack dealer
09.01.2015Guns, gangs, ganja, going after police ... are there obvious lessons from 2015 homicide spikes?
09.01.2015"Charging on the Margin"
09.01.2015"Skin Color and the Criminal Justice System: Beyond Black‐White Disparities in Sentencing"
09.01.2015Previewing the latest (and most important) bipartisan federal statutory sentencing reform effort in Congress
09.01.2015Lots of notable new sentencing-related content at Crime & Consequences
09.01.2015California settles prisoner lawsuit by agreeing to limit use of solitary confinement
08.31.2015"The Just-Barely-Sustainable California Prisoners' Rights Ecosystem"
08.31.2015India Law Commission urges nation to abolish death penalty for all common crimes
08.30.2015Following the industries that follows incareration nation (with only limited concerns about sentencing reform)
08.30.2015Gearing up for the Ninth Circuit oral argument concerning California's (capricious?) capital cae review
08.29.2015"Federal Drug Sentencing Laws Bring High Cost, Low Return"
08.29.2015"Is It Ethical to Chemically Castrate a Child Sex Offender?"
08.28.2015Do tough sex offender restrictions really hurt women and children more than keeping them safe?
08.28.2015Despite copious reform talk, big and tough federal drug sentencing system churns on
08.28.2015Arkansas political corruption case showcases corruptness of federal sentencing guidelines
08.28.2015Massachusetts SJC rules local sex offender restrictions preempted by state law
08.27.2015"When Prisons Need to Be More Like Nursing Homes"
08.27.2015Might Tennessee soon have its machinery of death up and running?
08.27.2015BJS releases latest data on crime victimization throughout United States
08.27.2015"Criminal Justice Reform Begins With Fair Sentencing and Fair Chances"
08.26.2015Despite Glossip, federal judge orders halt to Mississippi's lethal injection plans
08.26.2015"Clemency 2.0"
08.26.2015How did Boston bombing jurors not get informed some victims did not favor death sentence for Dzhokhar Tsarnaev?
08.26.2015"Why the U.S. is No. 1 -- in mass shootings"
08.26.2015New research report examines impact of "Realignment" on crime in California in 2014
08.26.2015Notable talk of crimnal justice reform at GOPAC State Legislative Leaders Summit
08.26.2015Nebraska group submits signatures to halt death penalty repeal and set up fascinating 2016 vote
08.25.2015Aurora victims present a "parade of pain" at on-going James Holmes sentencing proceedings
08.25.2015"Federalism in Action: How Conservative States Got Smart on Crime"
08.25.2015Might Pope Francis seek to (and succeed in getting) more federal sentencing reforms moving along?
08.25.2015Ninth Circuit panel set for California's appeal of its (unconstitutional?) death penalty administration
08.25.2015"Why Europe Is Exploring Drug Decriminalization"
08.24.2015Spotlighting disparities in who gets drug treatment in prison
08.24.2015Might any Prez candidate pledge to put a criminal defense attorney on the Supreme Court?
08.24.2015"Justice Department Administration of the President's Pardon Power: A Case Study in Institutional Conflict of Interest"
08.23.2015Dog-day highlights from Marijuana Law, Policy and Reform
08.23.2015"From Jones to Jones: Fifteen Years of Incoherence in the Constitutional Law of Sentencing Factfinding"
08.23.2015Could marijuana reform be making Washington roadways safer even if more drivers test positive for THC?
08.22.2015"Guns and Drugs"
08.22.2015Is it fair I assume Hillary Clinton committed politically-motivated federal crimes because I think her husband did as Prez?
08.21.2015Father given significant prison term for role in deadly crash by underage daughter
08.21.2015"Who Built Prison America? Not Ted Kennedy"
08.21.2015Split Michigan appeals court finds juve has Sixth Amendment right to jury findings for LWOP sentence
08.21.2015New from the Robina Institute: "The Criminal History Enhancements Sourcebook"
08.20.2015Connecticut Supreme Court retroactive abolition of death sentences prompting prosepctive perspectives
08.20.2015"Bernie Sanders Announces Bill to Abolish Private Prisons, Hints at Marijuana Policy Platform"
08.20.2015Fourth Circuit refuses to allow convicted former Virginia Gov to remain free pending SCOTUS appeal
08.20.2015Has Jared Fogle gotten a sweetheart plea deal and/or celebrity treatment for sex crimes?
08.19.2015What sort of child porn federal plea deal might be in works for Subway pitchman Jared Fogle?
08.19.2015"FDA warns Ohio not to illegally import execution drugs"
08.19.2015"Why Not Treat Drug Crimes as White-Collar Crimes?"
08.19.2015Even with plea deal, Subway pitchman Jared likely facing at least a decade in federal prison for sex offenses
08.18.2015"Prosecutorial Constitutionalism"
08.18.2015Three months after jury's death verdict, Tsarnaev lawyers move for new penalty trial
08.18.2015"Can a Federal Prisoner Be Too Old to Jail?"
08.18.2015Finally, a bit more (though inadequate and unfair) discussion of sentencing finality issues
08.18.2015Lots and lots of good summer reads about US criminal justice problems
08.17.2015Should there really be so much left-leaning distrust for the Koch brothers' criminal justice reform work?
08.17.2015"Does the Calculation Matter? The Federal Sentencing Guidelines and the Doctrine of Alternate Variance Sentences"
08.17.2015Split Ninth Circuit panel upholds federal conviction in "stash house" sting operation
08.17.2015US Sentencing Commission releases new data on retroactive application of "drugs -2" guideline amendment
08.16.2015New York Times magazine highlights link between bail and pleas
08.16.2015Lots of important (and challenging) questions raised at The Crime Report
08.16.2015"Sex Offenders Locked Up on a Hunch"
08.15.2015"The Circuit Split on Johnson Retroactivity"
08.14.2015In Ohio, "State prisons chief calls for softened hearts"
08.13.2015New juve research suggests punishment certainty matters over severity to achieve deterence
08.13.2015Split Eleventh Circuit panel splits from Seventh Circuit approach on Johnson retroactivity
08.13.2015What can and should voters know about the criminal justice impact of marijuana prohibition as they consider repeal?
08.13.2015Connecticut Supreme Court follows legislature's prospective DP repeal with retrospective state consitutional abolition
08.13.2015Fourth Circuit reverses district court's conclusion that Eighth Amendment precluded mandatory LWOP for piracy
08.12.2015New Hampshire enacts novel law requiring defendant's presence in courtroom for victim impact statements
08.12.2015"Make Them Hear You: Participatory Defense and the Struggle for Criminal Justice Reform"
08.12.2015Lots of great reads via The Marshall Project
08.11.2015Urban Institute creates intriguing on-line "Prison Population Forecaster"
08.11.2015"Buying Access: How Corporations Influence Decision Makers at Corrections Conferences, Trainings, and Meetings"
08.11.2015Thanks to prior commutation, Missouri marijuana lifer now to get paroled
08.11.2015"Does Plea Bargaining Add to Criminal Court Caseloads?"
08.10.2015Taking stock of what Glossip now means for executions throughout the US
08.10.2015Could USSC's proposed amendment dealing with SCOTUS Johnson ruling be made retroactive (and how many federal prisioners could then get reduced sentences)?
08.10.2015"Just Facts: America's Non-Existent 'Spike in Crime'"
08.09.2015Why aren't sentencing recommendations part of the ABA-LDF's "Joint Statement on Eliminating Bias in the Criminal Justice System"?
08.09.2015New York Times says: "Congress and Obama Are Too Timid on Marijuana Reform"
08.08.2015Ohio Gov (and GOP Prez candidate) links Obamacare and crime/recidivism reduction
08.07.2015"What We Learned From German Prisons"
08.07.2015US Sentencing Commission proposes guidelines amendments to deal with SCOTUS Johnson ruling
08.07.2015"Judge orders Texas man to get married or face jail time"
08.07.2015Aurora Shooter gets LWOP, not death, from Colorado jury
08.06.2015"Toe Tag Parole: To Live and Die on Yard A"
08.06.2015Is it now ungodly to oppose significant sentencing and prison reform?
08.06.2015Some (simple? tough?) questions on crime and punishment for the GOP field
08.06.2015"Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-First Century"
08.06.2015Teen placed on sex offender registries after encounter with girl claiming to be 17 to be resentenced
08.05.2015Latest tea leaves concerning Senator Grassley's coming sentencing reform bill
08.05.2015Shouldn't front-runner Donald Trump be asked about drug war and federal marijuana policies at GOP debate?
08.05.2015"Why Opposing Hyper-Incarceration Should Be Central to the Work of the Anti-Domestic Violence Movement"
08.05.2015Gearing up for the Ninth Circuit's consideration of the arbitrariness of California's capital punishment system
08.04.2015"Should prison sentences be based on crimes that haven't been committed yet?"
08.04.2015AG Lynch and Secretary Duncan make pitch for Pell Grant pilot program for federal prisoners
08.04.2015"Drone drops drugs, tobacco in Mansfield prison yard, spurs fight"
08.04.2015Urging Prez Obama to appoint a "new, visionary Bureau of Prisons head"
08.04.2015Seventh Circuit authorizes successive 2255 attack on ACCA sentence based on Johnson
08.03.2015Split Fourth Circuit panel finds no means for federal prisoner to challenge collaterally wrongful LWOP
08.03.2015"Let's hear from the presidential candidates on clemency reform"
08.03.2015Two distinct notable tales of crimes and punishment via the Grey Lady
08.03.2015US Sentencing Commission releases big report on 5-year impact of Fair Sentencing Act
08.02.2015Prez candidate O'Malley joins chorus of leaders advocating criminal justice reform
08.02.2015Rep. Sensenbrenner explains why "Now is the time for criminal justice reform"
08.01.2015Latest reform news means still more waiting for those eager for federal sentencing reform
08.01.2015Symposium Introduction: "Vulnerable Defendants and the Criminal Justice System"
08.01.2015Notable recent state criminal justice reforms highlighted by Pew
07.31.2015Executive facing "unprecedented" LWOP sentence for food-poisoned peanut butter
07.31.2015ABA Journal spotlights continued child porn federal sentencing challenges
07.31.2015Politics of pot continuing to heat up (and partially chronicled at Marijuana Law, Policy & Reform
07.30.2015Sentencing reform group propounds "The Dangerous Myths of NAAUSA"
07.30.2015Based on Alleyne, Michigan Supreme Court declares its state guidelines unconstitutional and now advisory
07.30.2015Will Senator Grassley's (still-developing) sentencing reform bill make it to the President's desk in 2015?
07.30.2015Recent capital developments prompts query: "Is the death penalty dead in Washington?"
07.30.2015"Miller v. Alabama as a Watershed Procedural Rule: The Case for Retroactivity"
07.30.2015What accounts for decline in federal white-collar prosecutions (and should we care)?
07.29.2015Are "deep red states" really "rethinking the death penalty"?
07.29.2015Taking stock of the tough-on-crime crowd's "resolute oarsman, pulling with all his might against the current"
07.29.2015"Should Therapists Have to Report Patients Who Viewed Child Pornography?"
07.29.2015Hoping GOP debates take up criminal justice reforms (including clemency and marijuana policy)
07.28.2015Obama Administration talking up restoring Pell grants for incarcerated
07.28.2015"Can a Public Defender Really Handle 700 Cases a Year?"
07.28.2015Federal authorities grant parole to spy Jonathan Pollard after 30 years in prison
07.28.2015More talk that all the talk about federal sentencing reform is about to produce some action
07.27.2015"Mr. Chairman, the president's clemency power is beyond dispute"
07.27.2015Monday funnies: Let's imagine who might be on Prez Donald Trump's SCOTUS shortlist
07.27.2015"On the Argument That Execution Protocol Reform is Biomedical Research"
07.27.2015Making the case that sentencing reform should (and must) include "violent" offenders
07.27.2015John Oliver (often amusingly) covers Prez Obama's clemencies and mandatory minimums
07.26.2015Could brain implants "make the death penalty obsolete"?
07.25.2015Thanks to death penalty, one of worst racist mass murderers gets one of best defense lawyers
07.25.2015"Federalism and Retroactivity in State Post-Conviction Proceedings"
07.24.2015Looking ahead to SCOTUS 2015 Term's sentencing cases on its criminal docket
07.24.2015Many notable passages in recent sentencing reform speech by DAG Yates
07.24.2015"Convicted Republicans Plead for Mandatory Minimums Changes"
07.23.2015"Federal Sentencing in the States: Some Thoughts on Federal Grants and State Imprisonment"
07.23.2015Is it a big concern when a Prez candidate gets "big money" from private prison companies?
07.23.2015Federal prosecutors group propounds "The Dangerous Myths of Drug Sentencing 'Reform'"
07.22.2015Eighth Circuit rejects "safe sex" special condition of supervised release
07.22.2015"Why all Americans should support Obama on prison reform"
07.22.2015Tough-on-crime crowd making the case for modern mass incarceration
07.22.2015DAG Yates: "our thinking has evolved on [drug sentencing], it's time that our legislation evolved as well."
07.22.2015Do gubernatorial moratoria on executions impact securing of death sentences?
07.22.2015Intriguing comments on prisons from GOP candidate Ben Carson
07.21.2015Intriguing federal civil rights case assailing New York sex offender family restrictions
07.21.2015"Sentencing the Wolf of Wall Street: From Leniency to Uncertainty"
07.20.2015"Trustworthiness of Inmate's Face May Sway Sentencing"
07.20.2015Local coverage of compelling realities to be at heart of Aurora shooter penalty phase
07.19.2015"Prosecutors Rally Against Sentencing Reform, Say Build More Prisons"
07.19.2015Notable talk of bringing back the death penalty in two nearby US states
07.18.2015Is Prez Obama truly "close" to opposing the death penalty?
07.17.2015Previewing the penalty phase after James Holmes found guilty on all charges
07.17.2015"John Boehner Says Many People In Prison 'Really Don't Need To Be There'"
07.17.2015You be the federal judge: should tax cheating former rep Michael Grimm go to prison?
07.17.2015Gov Christie joins growing chorus of GOP leaders urging reform of "broken" criminal justice system
07.16.2015New talk of abolishing the death penalty in Ohio spurred by pro-life conservative
07.16.2015"From a First Arrest to a Life Sentence"
07.16.2015Highlighting significant disparities in DUI homicide sentences in Florida
07.16.2015Lots of justified attention for Judge Alex Kozinski's new article, "Criminal Law 2.0"
07.16.2015Prez Obama makes history, and reflects, as he visits federal prison in Oklahoma
07.15.2015Missouri completes first post-Glossip execution
07.15.2015"Fatal Re-Entry: Legal and Programmatic Opportunities to Curb Opioid Overdose Among Individuals Newly Released from Incarceration"
07.15.2015GOP House members request AG Lynch to provide accounting of Prez Obama's commutations
07.15.2015Politico article suggests real federal sentencing reform poised to become a reality
07.15.2015Fascinating new drug guideline resentencing opinion from Judge Jack Weinstein
07.14.2015"Some major U.S. religious groups differ from their members on the death penalty"
07.14.2015Start of big two-day House hearings on criminal justice reform
07.14.2015Highlighting why dozens of commutations barely move the mass incarceration needle
07.14.2015In praise of GOP Rep. Sensenbrenner making the moral case for sentencing reform
07.14.2015NYU Law creates Clemency Resource Center, a "pop-up, pro-bono law office to submit petitions"
07.14.2015Live-blogging President Obama's big criminal justice reform speech to NAACP
07.13.2015The Marshall Project covers parole realities (and life without it)
07.13.2015Seventh Circuit panel affirms as reasonable probation sentence for tax dodging Beanie Babies billionaire
07.13.2015Prez Obama with big plans (finally!!) to prioritize criminal justice reform efforts
07.13.2015Prez Obama commutes sentences for 46 federal drug prisoners (with a video message)
07.12.2015"The Economic Perspective on Sentencing"
07.12.2015DA planning to charge Boston Marathon bomber with murder under Massachusetts law
07.12.2015What should be made of (and should we respond to) recent urban murder surge?
07.11.2015"Can capitalism keep people out of prisons?"
07.11.2015Would a Prez Hillary Clinton lead to the judicial abolition of the death penalty in the US?
07.10.2015Publisher of The American Conservative explains "Why We Need Criminal-Justice Reform"
07.10.2015Evil doc gets 45 years in the federal pen for fraudulent cancer treatments
07.09.2015Some notable new posts from the Collateral Consequences Resource Center
07.09.2015Federal habeas ruling decides Virginia's geriatric release does not permit juve LWOP
07.09.2015ACLU and Koch reps make pitch for SAFE Act and federal sentencing reforms
07.09.2015A few (quickie) direct appeal Johnson remands in Sixth and Ninth Circuits
07.09.2015Richard Glossip and SCOTUS co-petitioners get new Oklahoma execution dates
07.08.2015What drug war lessons should we draw from modern deadly heroin surge?
07.08.2015Sixth Circuit holds Ohio condemned must have his Atkins claim properly considered
07.08.2015"Retribution is a valid societal interest" says local DA in advocacy for death penalty
07.07.2015You be the judge: what federal sentence for evil cancer doctor?
07.07.2015New research highlights racial and gender skew in elected prosecutorial ranks
07.07.2015Still more interesting discussion of Glossip a week later
07.07.2015"Sex Offender Registries And Calls For Reform"
07.07.2015"Juvenile Sentencing in Illinois: Addressing The Supreme Court Trend Away from Harsh Punishments for Juvenile Offenders"
07.07.2015Subway pitchman and his "Jared Foundation" subject to serious child porn investigation
07.06.2015Updates on pot prohibition reforms at end of weekend celebrating freedom
07.06.2015Former US District Judge Nancy Gertner talks about drug war casualties she had to create
07.06.2015Florida prosecutors (for suspect reasons?) seeking 2.5 years in prison for sex-on-beach guy
07.06.2015ACLU argues Indiana's new religious freedom law protects sex offenders seeking church access
07.06.2015Did Justice Department during AG Eric Holder's tenure really do "as much as [they] could" on criminal justice reform?
07.06.2015"Dividing Crime, Multiplying Punishments"
07.06.2015Has any post-Johnson ACCA (or career offender) prisoner litigation now gotten started?
07.05.2015New York Times reviews juve problems with modern sex-offender laws
07.05.2015"A Reassessment of Common Law Protections for 'Idiots'"
07.04.2015Celebrating "the blessing of liberty" as the big winner in the SCOTUS Term just completed
07.04.2015"Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders"
07.03.2015New CRS report: "Risk and Needs Assessment in the Criminal Justice System"
07.03.2015If you want to go on gorging on Glossip gossip...
07.02.2015Despite Glossip, hope for judicial abolition of the death penalty endures
07.02.2015Varied perspectives on the varied challenges facing varied victims
07.02.2015Making the forceful (and effective) case that modern bail systems operate unconstitutionally
07.01.2015Reviewing the energies and intricacies involved in Clemency Project 2014
07.01.2015"Anti-Death Penalty Activists Are Winning The Fundraising Battle In Nebraska"
07.01.2015Want does Johnson mean for the past, present and future of the career offender guidelines?
06.30.2015"A Place to Call Home: Courts are reconsidering residency restrictions for sex offender"
06.30.2015Lots and lots of Johnson GVRs with Justice Alito explaining their meaning and (limited?) import
06.30.2015Virginia Gov creates commission to study bringing back parole in state sentencing scheme
06.30.2015If you are eager to gorge on Glossip gossip...
06.30.2015Might Pope Francis shame Prez Obama into doing more about mass incarceration?
06.29.2015When might a modern marijuana reform issue get on the SCOTUS docket?
06.29.2015Some real-world (conservative?) reasons why only Justice Alito advocated "real-world conduct" approach to ACCA
06.29.2015"Prison Abolition and Grounded Justice"
06.29.2015Two distinct SCOTUS dissents from the denial of cert in capital federal habeas cases
06.29.2015SCOTUS rules 5-4 against capital defendant's challenge to execution protocol in Glossip v. Gross
06.29.2015Providing great reading (and little else of consequences), concurring and dissenting Justices use Glossip to debate death penalty's constitutionality
06.28.2015"Will New Bipartisan Criminal Justice Reform Plan Fly?"
06.28.2015Gearing up for the next SCOTUS death penalty case while awaiting Glossip ruling
06.28.2015"Reducing Racial and Ethnic Disparities in Jails: Recommendations for Local Practice"
06.27.2015Might prisons struggle with new SCOTUS jurisprudence on fundamental right to marry?
06.26.2015"A Second Chance: Rebiography as Just Compensation"
06.26.2015Bipartisan SAFE Justice Act with array of federal sentencing reforms introduced by House leaders
06.26.2015SCOTUS finds, per Justice Scalia, that ACCA residual clause is unconstitutionally vague
06.26.2015A (way-too-quick) Top 5 list of thoughts/reactions to the votes and opinions Johnson
06.26.2015How many federal prisoners have "strong Johnson claims" (and how many lawyers will help figure this out)?
06.25.2015Noticing Senator Cornyn's notable role in federal criminal justice reform efforts
06.25.2015Examining federal death row as Dzhokhar Tsarnaev becomes its newest (and youngest) member
06.25.2015Highlighting the need for much better modern prison metrics
06.25.2015Circa mid-2015, Clemency Project 2014 will go down as an abject failure if it does not submit more petitions before 2016
06.25.2015Seeking SCOTUS predictions: what should we now expect in Glossip and Johnson?
06.24.2015"Punishment in Popular Culture"
06.24.2015"A Shrinking Texas Death Row"
06.23.2015"Policing, Mass Imprisonment, and the Failure of American Lawyers"
06.23.2015Is the initiative process a wise way to move forward with criminal justice reform?
06.23.2015DOJ indicating it will appeal Judge Glesson's remarkable federal expungement order
06.22.2015"Justice Kennedy practically invites a challenge to solitary confinement"
06.22.2015SCOTUS rules 5-4 against government in two criminal procedure cases
06.22.2015Notable new study on 56 failed capital cases in North Carolina over past 25 years
06.22.2015Interesting statement from Justice Sotomayor on Fifth Circuit approach to plain-error sentencing review
06.22.2015How much will get spent on (merely symbolic?) death penalty referendum efforts in Nebraska?
06.22.2015Robina Institute now has great new "Sentencing Guidelines Resource Center"
06.21.2015Despite statutory repeal, capital defenders say they need to keep representing Nebraska condemned
06.21.2015The Economist explains "how to make America's penal system less punitive and more effective"
06.21.2015"Judicial Participation in Plea Bargaining: A Dispute Resolution Perspective"
06.21.2015Great new USSC report (with some not-so-great data) on "Alternative Sentencing in the Federal Criminal Justice System"
06.20.2015"Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights"
06.19.2015"Vermont's Prison Chief Says It's Time to Decriminalize Drug Possession"
06.19.2015Should it be the state or feds (or both!?!) that capitally prosecute racist mass murderer Dylann Storm Roof?
06.19.2015Split Eleventh Circuit panel discusses reasonableness review at great length
06.18.2015New ACLU lawsuit assails public defender system in Idaho
06.18.2015Terrific Marshall Project coverage of "How Germany Does Prison"
06.18.2015SCOTUS narrows reach of Confrontation Clause via Ohio v. Clark
06.18.2015SCOTUS rules 5-4 for state capital defendant in Brumfield v. Cain, and 5-4 against state capital defendant in Davis v. Ayala
06.18.2015SCOTUS unanimously rules for federal defendant on mens rea issue in McFadden CSA case
06.18.2015Criminal law geek overload as SCOTUS clears most (but not most consequential) of its criminal docket
06.18.2015In aftermath of prison escape, NY legislator suggests microchip tracking implants for violent offenders
06.17.2015As Gov Jindal talks up sentencing reform and medical marijuana in Iowa, should we wonder what "The Donald" has to say on these issues?
06.17.2015Constitution Project gets 130 former judges, prosecutors and law enforcement officials on letter advocating for SSA
06.17.2015Federal district judge declares unconstitutional Minnesota sex offender civil commitment program
06.16.2015"The Death Penalty Is Cruel. But So Is Life Without Parole."
06.16.2015Notable new data and other recent posts from Marijuana Law, Policy and Reform
06.15.2015SCOTUS grants cert on a federal prisoner (re)litigation case
06.15.2015Ron Paul at Townhall: "Death Penalty is Big Government at Its Worst"
06.15.2015"Beyond the Numbers: Toward a Moral Vision for Criminal Justice Reform"
06.15.2015Perspectives on Clemency Project 2014 from federal prisoners and an advocate for them
06.14.2015"Will Nebraska's Death Penalty Come Back?"
06.14.2015Fascinating account of how "how neoliberalism lies at the root of the carceral state"
06.13.2015How many hundreds (or thousands?) of ACCA prisoners could be impacted by a big ruling in Johnson?
06.13.2015"The Impact of Drug Policy on Women"
06.13.2015Citing much research and data, Judge Posner rails against "the problem of the elderly prisoner"
06.12.2015Canvassing the "most likely outcomes" of the SCOTUS case on death penalty drugs
06.12.2015"'Frightening and High': The Frightening Sloppiness of the High Court's Sex Crime Statistics"
06.12.2015"Marijuana & Ohio: Past, Present, Potential"
06.11.2015Charles Samuels, head of Federal Bureau of Prisons, announces plans to retire
06.11.2015Nebraska sheriffs vote unanimously to support effort to resuscitate state's death penalty
06.11.2015Sooooo excited for Ohio Marijuana Policy Reform Symposium
06.11.2015Imagine if the Chief could send down and call up Justices from "inferior" tribunals
06.10.2015Should bail reform be a key component of sentencing reform efforts?
06.10.2015"American Punitiveness and Mass Incarceration: Psychological Perspectives on Retributive and Consequentialist Responses to Crime"
06.10.2015"Invisible Women: Mass Incarceration's Forgotten Casualties"
06.09.2015"America's Largest Mental Hospital Is a Jail"
06.09.2015Michigan teen, guilty of misdemeanor after encounter with girl claiming to be 17, facing extreme sex offender restrictions
06.09.2015"From power tools to helicopters: Amazing prison escapes"
06.09.2015Pennsylvania House seizes political opportunity to complain about Gov doing something (sort of) about state's dsyfunctional death penalty
06.09.2015You be the federal defense attorney: would you urge Dennis Hastert to cut a plea deal?
06.09.2015"Support for the Death Penalty May Be Linked to Belief in Pure Evil"
06.08.2015"Does failed execution attempt mean Ohio prisoner can avoid death penalty?"
06.08.2015Extended profile of judge strugging with extended mandatory minimum federal drug sentences
06.08.2015SCOTUS grants cert on a federal case concerning restraining assets for hiring defense counsel and denies cert in notable gun case
06.08.2015Can any significant federal prison sentence truly be "reasonable" for any of the Kettle Falls Five marijuana defendants?
06.07.2015Should a MasterChef episode include a nutraloaf/prison cooking challenge?
06.07.2015"Expunging America's Rap Sheet in the Information Age"
06.06.2015How has, can, should and will marijuana reform impact the work of defense attorneys?
06.06.2015"Ditch the Geezer Judges"
06.06.2015"Ditch the Geezer Judges" ... and consider RoboJudges?
06.05.2015"Sex Offender Law and the Geography of Victimization"
06.05.2015Is Missouri becoming the "new Texas" when it comes to death penalty administration?
06.05.2015Imagining a domestic Marshall Plan to rebuild communities after ending the drug war
06.05.2015Q: What do the Hamilton County Prosecuting Attorney and the Vicente Sederberg Professor of Marijuana Law and Policy have in common?
06.05.2015Former Pardon Attorney: "A Modest Proposal to Expedite the Administration's Clemency Initiative"
06.04.2015Notable application of Padilla by Fifth Circuit even after judicial deportation warning
06.04.2015Spotlighting significant back-end impact of Prop 47 sentencing reform in California
06.04.2015Professor Mark Osler's informed perspective on recent federal clemency developments
06.04.2015"Shining a Light on Overcriminalization"
06.04.2015Rounding up recent posts of note from Marijuana Law, Policy and Reform
06.04.2015Latest polling data shows diminished death penalty support
06.03.2015New Deputy AG suggesting every too-long federal prison sentence hurts public safety
06.03.2015"Bifurcation Nation: Strategy in Contemporary American Punishment"
06.02.2015"The Missing Statistics of Criminal Justice"
06.02.2015Has anyone systematically studied whether "creative" sentences are more effective than others?
06.02.2015"Managing Collateral Consequences in the Sentencing Process: The Revised Sentencing Articles of the Model Penal Code"
06.02.2015Spotlighting the role and importance of federal prosecutors in the drug war
06.02.2015Might Charles Koch put big money behind big reform of federal clemency process?
06.02.2015California agrees to model new lethal injection protocol on whatever SCOTUS says is good enough
06.01.2015How even same-sex marriage becomes a prison story in incarceration nation
06.01.2015"The GOP should turn its attention to prosecutorial misconduct"
06.01.2015Seriously exploring — finally! — execution alternatives to lethal injection
06.01.2015Via similar 7-2 rulings, SCOTUS narrows reach of federal criminal and deportation statutes in Elonis and Mellouli
06.01.2015Has the approach and administration of Clemency Project 2014 actually made the federal clemency process worse?
05.31.2015Sentencing message sent: blazing a Silk Road for drugs gets you LWOP
05.31.2015Fascinating fight over fate of offenders on Nebraska's death row after capital repeal
05.29.2015"For Juvenile Sex Offenders, State Registries Create Lifetime Of Problems"
05.29.2015Highlighting that GOP candidates are so far way ahead of candidate Hillary Clinton on mandatory minimum reforms
05.29.2015Light blogging until Monday because I am Going Back, Going Back...
05.28.2015Senator Paul talking about crime and punishment in Chicago
05.28.2015"A new report could have a big impact on New York's prison population — if anyone pays attention"
05.28.2015Feds seeking LWOP sentence for Silk Road creator Ross Ulbricht
05.28.2015Newt Gingrich and Van Jones lament treatment of mentally ill in US criminal justice system
05.28.2015"Do the Supreme Court and other federal courts need a watchdog?"
05.28.2015Time magazine devotes cover story to "Why the End of Capital Punishment Is Near"
05.28.2015US District Judge John Gleeson finds extraordinary circumstances to order expungement of old federal fraud conviction
05.27.2015More evidence for sentencing fans that soccer can be very exciting
05.27.2015Split Connecticut Supreme Court applies Miller retroactively to 50-year discretionary juve sentence
05.27.2015"Will Mike Huckabee's Forgiveness of Joshua Duggar Extend to Other Youthful Offenders?"
05.27.2015Nebraska legislature, with every vote counting, repeals death penalty by overriding Gov veto
05.26.2015Swish or brick as basketball great call upon US to "Abolish the Death Penalty"?
05.26.2015Swish or brick as basketball great calls upon US to "Abolish the Death Penalty"?
05.26.2015SCOTUS grants cert on a federal sentencing case and state capital case
05.26.2015"Implementing Just Mercy"
05.26.2015Nebraska Gov officially vetoes bill to repeal death penalty in the Cornhusker State
05.26.2015"Charging Inmates Perpetuates Mass Incarceration"
05.25.2015Providing a script for "How To Lock Up Fewer People" in the United States
05.24.2015Effective review of effective(?) use of sentencing mitigation videos ... and concerns about equity
05.24.2015"Before sentencing, Ulbricht begs for leniency: 'please leave me my old age'"
05.23.2015You be the prosecutor: what sentence will you recommend for convicted "sex on beach" couple?
05.22.2015Two notable voices from the (far?) right calling again for drug war and sentencing reform
05.22.2015"Federal Sentencing Error as Loss of Chance"
05.22.2015"Who Are Woman Sex Offenders and Why Are They Treated Like Men?"
05.21.2015New Vera Institute of Justice report highlights the true, high "Price of Jails"
05.21.2015After Boston bomber's condemnation in liberal Massachusetts, is the death penalty really "withering away"?
05.21.2015"How America Overdosed on Drug Courts"
05.21.2015Examining what qualifies as an LWOP sentence for purposes of Graham and Miller
05.20.2015Has death penalty administration now become a "testing ground for toxic drugs"?
05.20.2015Spotlighting who profits from "Piling on Criminal Fees"
05.20.2015Nebraska legislature votes by large margin to repeal state's death penalty
05.19.2015Is a former lobbyist and former federal prisoner likely to be a uniquely good sentencing reform advocate?
05.19.2015Some recent posts of note from Marijuana Law, Policy and Reform
05.19.2015Debate over harms of online drug market now at center of upcoming sentencing of Silk Road creator Ross Ulbricht
05.19.2015Notable sentencing and clemency comments from newly-confirmed Deputy Attorney General
05.19.2015"NY Senate votes to create registry of violent felons"
05.18.2015Six new SCOTUS opinions, but nothing too exciting for sentencing fans
05.18.2015NY Times editorial astutely praises "Justice Reform in the Deep South"
05.18.2015DC Circuit on child porn and sentencing manipulation and nonfrivolous arguments (aka departures and variances and Booker, oh my!)
05.18.2015Deterrence, jurisdiction and the death penalty after many murders in Waco bar brawl
05.17.2015After reversal of most serious charges, elderly nun and fellow peace activists released from federal prison
05.17.2015"Does Michigan's sex offender registry keep us safer?"
05.16.2015"Towards a Theory of Mitigation"
05.11.2015"Too Many People in Jail? Abolish Bail"
05.11.2015You be the judge: what federal sentence for latest CIA media leaker?
05.11.2015Will and should famed abolitionist nun, Sister Helen Prejean, be allowed to testify at Boston bombing sentencing trial?
05.11.2015"Brain Science and the Theory of Juvenile Mens Rea"
05.11.2015Notable Ohio county prosecutor calls pot prohibition a "disastrous waste of public funds"
05.10.2015"Pressure builds on GOP for police, criminal justice reforms"
05.10.2015Florida prosecutor says he will not seek 15-year prison terms for sex-on-beach convictions
05.08.2015Delaware Gov pledges to sign death penalty repeal legislation
05.08.2015"Mass Incarceration: The Silence of the Judges"
05.08.2015Senator Grassley's home-state paper tells him to stop blocking federal sentencing reforms
05.08.2015Alabama rolls to join tide of red states enacting significant prison and sentencing reform
05.08.2015"Have Texans lost their taste for capital punishment?"
05.08.2015"We clearly need criminal-justice reform" says GOP Prez candidate Carly Fiorina
05.07.2015Inspector General report highlights problems posed by aging federal prison population
05.07.2015Electrifying Tennessee fight over electric chair as back up execution method
05.07.2015"Unequal Justice: Mobilizing the Private Bar to Fight Mass Incarceration"
05.06.2015Imprisonment for 15 years for sex on the beach?!?! Really?!?!
05.06.2015"On Criminal Justice Reform, Ted Cruz Is Smarter Than Hillary Clinton"
05.06.2015How many federal prison years are being served by defendants who (plausibly?) claimed compliance with state medical marijuana regimes?
05.06.2015Now what for Frank Freshwaters, captured 56 years after walking away from Ohio honor camp in 1959?
05.06.2015Boston bombing defense team turns to brain science in making mitigation case
05.05.2015Could new DEA chief significantly change realities of federal war on drugs?
05.05.2015"What are We Hoping for? Defining Purpose in Deterrence-Based Correctional Programs"
05.05.2015Oklahoma Gov signs "safety valve" legislation giving judges more sentencing discretion
05.05.2015"What can one prosecutor do about the mass incarceration of African-Americans?"
05.04.2015Fairer capital fight has Virginia prosecutors fighting for the death penalty less
05.04.2015SCOTUS asks for views from US Solicitor General on original lawsuit between states over marijuana reform
05.04.2015"Are video visits a smart innovation for jails — or yet another way to exploit families?"
05.03.2015The never-aging (and ever-costly) story of ever-aging US prison populations
05.02.2015Federal indictments and a plea deal in New Jersey "Bridgegate" scandal
05.02.2015Seventh Circuit, in 6-5 en banc ruling, allows new federal 2241 review of Atkins claim based on new evidence
05.02.2015"Re-Examining Juvenile Incarceration: High cost, poor outcomes spark shift to alternatives"
05.02.2015Considering clemency for federal marijuana offenders and other posts of note at Marijuana Law, Policy and Reform
05.01.2015"How a Death Row Inmate's Request to Give His Organs Kept Him Alive"
05.01.2015Judicial second-thoughts leads to greatly reduced prison sentences for cheating Atlanta school administrators
05.01.2015Iowa faith leaders urge Senator Grassley to move forward with drug sentencing reforms
05.01.2015"Baltimore prosecutor charges police with murder, manslaughter in death of Freddie Gray"
04.30.2015Candidate Clinton laments mass incarceration, but proposes only a "national debate" to address it
04.30.2015Timely (but incomplete) report on political debates as de facto moratorium on federal executions continues
04.30.2015What does new Prez candidate Bernie Sanders have to say about criminal justice reform?
04.30.2015Ninth Circuit finds procedural error in teen's 30-month federal sentence for laser beam prank
04.30.2015New proposal for National Criminal Justice Commission garnering notable support
04.29.2015Indonesia executes by firing squad eight of "Bali nine" for drug offenses
04.29.2015David Simon connects Baltimore's woes to the drug war
04.29.2015Intriguing reports on Supreme Court oral argument about Oklahoma's lethal injection protocol
04.28.2015Inspiring remarks from the new Attorney General in DC ... while Baltimore burns to the north
04.28.2015Senator Grassley yet again says he is open to some federal sentencing reforms
04.28.2015"Going Retro: Abolition for All"
04.28.2015"Solutions: American Leaders Speak Out on Criminal Justice" (with some notable omissions)
04.28.2015Notable developments in prelude to federal sentencing for Silk Road creator Ross Ulbricht
04.28.2015Just what will SCOTUS focus on when reviewing Oklahoma's lethal injection protocol?
04.28.2015Highlighting GOP leaders' notable new essays on criminal justice reform
04.27.2015"Should former sex offenders be allowed on college campuses?"
04.27.2015As penalty phase continues, new poll reveals local disaffinity for death penalty for Boston bomber
04.27.2015Is US push for sentencing reform progressive enough to embrace progressive "day fines"?
04.27.2015Interesting analysis of "Watersheds" in state collateral retroactivity review
04.26.2015Arguments against death penalty abolition prevail in great Intelligence Squared debate
04.25.2015Lots of thoughts for and about new Attorney General Loretta Lynch
04.24.2015Florida Supreme Court reverses cop killer's death sentence on proportionality review
04.24.2015Why the US Sentencing Commission's moderate moderation of fraud guidelines has few fans
04.24.2015Attorneys for another convicted CIA leaker urges judges to follow Petraeus sentencing lead
04.23.2015"There is no joy in this dissenting judge. The per curiam and concurring opinions have struck out."
04.23.2015Should judge follow federal prosecutors' recommendation of no prison time for CIA leaker David Petraeus?
04.23.2015Senate finally votes on AG nominee and confirms Loretta Lynch by vote of 56 to 43
04.22.2015Is resignation of current DEA head a very big moment for federal marijuana policy?
04.22.2015More good and important questions criminal justice questions for the 2016 Prez field
04.22.2015Is there a "growing movement against death penalty - on the right"?
04.22.2015New problems with drones smuggling contraband in to prisons
04.21.2015Anyone have predictions for the penalty phase of the Boston Marathon bombing trial?
04.21.2015By 6-3 vote, SCOTUS finds Fourth Amendment violation from stop at start of federal drug prosecution
04.21.2015"What's the Matter with Cumulative Error?: Killing a Federal Claim in Order to Save It"
04.21.2015Lots of inside DOJ news emerging from inside the Beltway
04.21.2015"Residual Impact: Resentencing Implications of Johnson v. United States' Potential Ruling on ACCA's Constitutionality"
04.20.2015Intricate federal criminal law statutory questions on SCOTUS docket this week
04.20.2015"Local Cook County Prosecutors To Focus On Treatment Over Prison For Small-Time Drug Cases"
04.20.2015New Sentencing Commission data reveal within-guideline sentences now rarer than non-guideline sentences
04.19.2015After mistrial and plea deal, prominent accused child molestor in Delaware gets probation sentence
04.19.2015Highlighting the mental illness underbelly of modern incarceration
04.18.2015"Why We Let Prison Rape Go On"
04.18.2015Oklahoma now able to use nitrogen gas as execution method if needed
04.17.2015Latest Pew survey data on death penalty opinions
04.17.2015US Sentencing Commission releases data report on illegal reentry offenses
04.17.2015Parent of Boston bombers' young victims: "To end the anguish, drop the death penalty"
04.16.2015"Database Infamia: Exit from the Sex Offender Registries"
04.16.2015Notable defendant gets 10 years after 10th DWI in Texas as part of plea deal
04.16.2015Effective review of on-going reviews of sex offender residency restrictions
04.16.2015Distinct comments on marijuana policy from Prez Obama and one wanna-be successor
04.15.2015Former NFL star Aaron Hernandez convicted of first-degree murder and to get mandatory LWOP
04.15.2015"Trending Now: The Use of Social Media Websites in Public Shaming Punishments"
04.15.2015Canadian Supreme Court declares gun mandatory minimums unconstitutional
04.15.2015New York State court concludes multiple mandatory minimum fines constitutionally excessive
04.14.2015"Lex Mitior: Converse of Ex Post Facto and Window into Criminal Desert"
04.14.2015'Cause all of me, loves all of you ... who are harmed by mass incarceration's imperfections
04.14.2015Senator Grassley again expresses interest in talking about federal criminal justice reform
04.14.2015Tough (and record-long) sentences for cheating Atlanta school administrators
04.14.2015"Criminal Justice Reform: The Present Moment"
04.14.2015Interesting recent Buckeye death penalty headlines (despite extended extended moratorium)
04.13.2015Interesting update on continued GOP blockade of AG-nominee Lynch
04.13.2015"Defending the Jury: Crime, Community, and the Constitution"
04.13.2015Lengthy list of hard criminal justice questions for the 2016 Prez field
04.13.2015Nearly 7 years after her crime, Jodi Arias finally officially gets LWOP sentence in Arizona
04.13.2015Tennessee Supreme Court postpones all scheduled executions while considering execution protocol
04.13.2015Blackwater guards who shot Iraqi civilians all given lengthy federal sentences
04.13.2015"Sister of slain MIT officer opposes death penalty for Tsarnaev"
04.13.2015Judge Jed Rakoff gives provocative speech on mass incarceration and the responsibility of lawyers and judges
04.12.2015Considering one defendant getting a second look due to Miller retroactivity
04.12.2015"Ending the Death Lottery"
04.11.2015Reviewing Massachusetts' "long and tortured history" with the death penalty
04.10.2015"Reality check: Is sex crime genetic?"
04.10.2015Highlighting and assailing Prez Obama's "weak approach to pardons" and Clemency Project 2014
04.10.2015Based on "discovery violation," Florida appeals court reverses convictions for defendant given LWOP sentence for first child porn possession conviction
04.10.2015Penalty phase in Boston Marathon bombing capital trial scheduled to start April 21
04.10.2015Controversy surrounding California judge who sentenced 19-year-old child rapist way below mandatory minimum 25-year-term
04.10.2015Basic report on basic changes to fraud guidelines promulgated by US Sentencing Commmission
04.09.2015Notable new attacks on Senator Rand Paul from (conservative?) folks at Crime & Consequences
04.09.2015Intriguing Sentencing Project analysis of a new analysis of state-by-state incarceration trends
04.09.2015US Sentencing Commission votes to amend fraud guidelines (but not really "fix" that much)
04.09.2015Effective coverage of legal land mine created by DOJ spending restriction in medical marijuana cases
04.08.2015Larry Flynt hustles his way into Missouri litigation over lethal injection
04.08.2015Federal judge finds unconstitutional "geographic exclusion zones" for sex offenders in Michigan
04.08.2015Now on to the real trial: "Dzhokhar Tsarnaev Is Guilty of All 30 Counts in Boston Marathon Bombing"
04.08.2015Terrific review of possible USSC fraud guideline amendments (and DOJ's foolish opposition)
04.07.2015More reflections on Prez Obama's recent commutations
04.07.2015"What's the right way to compensate someone for decades of lost freedom?"
04.07.2015New Urban Institute report examines challenges posed by mentally ill offenders
04.07.2015Announcing his Prez campaign, Senator Rand Paul talks up liberty and (arguably) repeal of drug laws
04.07.2015"Miller V. Alabama and the Retroactivity of Proportionality Rules"
04.05.2015NY Times notes Justice Kennedy's criminal justice perspective
04.05.2015March marijuana reform madness covered at Marijuana Law, Policy and Reform
04.04.2015"'Revenge Porn' Defendant Sentenced to 18 Years"
04.04.2015In praise of Senator Charles Grassley's advocacy for criminal justice transparency and accountability (and his one blind spot)
04.03.2015Should age matter at sentencing of elderly child molester?
04.03.2015AG-nominee Loretta Lynch has votes for confirmation, but is still waiting for a confirmation vote
04.03.2015Notable nomenclature for naming the "liberty disabled"
04.02.2015"A Republican Governor Is Leading the Country's Most Successful Prison Reform"
04.02.2015"For principle to be served, 22 worthy, long-term narcotics prisoners granted release needs to become 2,200 or more."
04.02.2015You be the judge: what state sentence for unstable 1% whose reckless driving killed young family?
04.02.2015Amnesty International reports on death penalty administration around the world
04.01.2015"Plea Bargaining and the Substantive and Procedural Goals of Criminal Justice: From Retribution and Adversarialism to Preventive Justice and Hybrid-Inquisitorialism"
04.01.2015Should the Supreme Court reflect the country's "disenchantment with capital punishment"?
03.31.2015Another pharmacy group expresses opposition to involvement in executions
03.31.2015Can we save thousands of innocent lives from serious crime through . . . a tax increase?
03.31.2015Prez Obama starts to "walk the walk" on clemency by granting 22 new drug offense commutations
03.30.2015Previewing the little SCOTUS capital case examining what procedure Atkins may require
03.30.2015"Federal Sentencing 'Reform' Since 1984: The Awful as Enemy of the Good"
03.30.2015SCOTUS grants cert on collection of capital cases from Kansas
03.30.2015Two SCOTUS summary reversals: a notable sex-offender monitoring issue and another AEDPA enforcement
03.30.2015California and Ohio facing capital congestion without a functioning execution chamber
03.30.2015"Monitoring Youth: The Collision of Rights and Rehabilitation"
03.29.2015Oregon Supreme Court to consider constitutionality of LWOP sentence for public pubic promotion
03.29.2015Local Tennessee prosecutors pushed for female sterilization in plea discussions
03.28.2015Should states try harder to condemn and execute women to overcome death penalty's sexism?
03.28.2015Notable effort by "World's Worst Mom" to take on sex offender registries
03.28.2015"The activist nun reforming profit-prisons"
03.27.2015Has modern "death penalty politics radically, shockingly changed"?
03.27.2015Prodded by state court ruling, California announces it will not enforce sex offender residency restrictions
03.27.2015NY Times Magazine covers modern prisons at home and abroad
03.26.2015Is it constitutional to "offer" juve offenders the alternative sentence of writing a bible essay?
03.26.2015New report documents huge drop in Colorado marijuana arrests since legalization
03.26.2015"Mandating Discretion: Juvenile Sentencing Schemes after Miller v. Alabama"
03.26.2015Highlights from AG Holder remarks at Bipartisan Summit on Criminal Justice Reform
03.26.2015Sex, drugs and . . . the real reason the DEA is so eager to preserve the drug war?
03.25.2015You be the judge: what federal sentence for modern sheriff playing Robin Hood?
03.25.2015Are compounding pharmacies likely to cut off drug dealing to states for executions?
03.24.2015Should prison terms end once criminals seem "too old" to recidivate?
03.24.2015Justices Kennedy and Breyer urge Congress to reform "broken" federal criminal justice system
03.24.2015Ohio prison officials decide security drones are not (yet) cost effective
03.24.2015"The Executioners' Dilemmas"
03.23.2015Supreme Court takes up a replacement juve LWOP retroactivity case from Louisiana
03.23.2015"A Commentary on Statistical Assessment of Violence Recidivism Risk"
03.23.2015Three Justices lament SCOTUS failure to do death-penalty error correction in Texas case
03.23.2015Did serial rapist, former NFL star Darren Sharper, benefit from celebrity justice in global plea deal?
03.23.2015Why passage of Prop 47 ensures California remains a hot topic in sentencing and corrections reform
03.23.2015"WBUR Poll: Most In Boston Think Tsarnaev Should Get Life In Prison Over Death Penalty"
03.23.2015The extra state habeas question (and its answer?) in Montgomery, the new SCOTUS Miller retroactivity case
03.22.2015Prez Obama promising to exercise "pardon power and clemency power more aggressively"
03.22.2015"Sentencing Enhancement and the Crime Victim's Brain"
03.22.2015Pope Francis categorically condemns death penalty as "inadmissible" in today's world
03.22.2015Might a President Ted Cruz champion "common sense" mandatory minimum sentencing reform?
03.21.2015Effective discussion of nitrogen gas as execution method alternative
03.20.2015"Beyond the Right to Counsel: Increasing Notice of Collateral Consequences"
03.20.2015Sentencing judgment days this week in federal court for two pols behaving very badly
03.20.2015"Victim's wife: Keep me out of death penalty fight"
03.20.2015Should SCOTUS Justices (and lots of other federal and state judges) regularly visit prisons?
03.19.2015Effective review of the import and impact of new reentry certificates for former offenders
03.19.2015Making the effective case for graduated reentry to reduce incarceration and recidivism
03.19.2015Florida Supreme Court decides unanimously that Miller applies retroactively to all mandatory juve LWOP sentences
03.18.2015"Law & Tactics for a Market-Reality Narcotics Policy"
03.18.2015Might Utah's gov veto the effort to provide for a firing squad execution back-up plan?
03.18.2015Death penalty symbolism and Robert Durst
03.18.2015Does the new Coalition for Public Safety really have "political oopmh" needed to "fix justice in America"
03.18.2015Does the new Coalition for Public Safety really have "political oopmh" needed to "fix justice in America"?
03.17.2015Another round of notable new posts from the Collateral Consequences Resource Center
03.17.2015Massachusetts Chief Justice taking on prosecutors concerning drug mandatory minimums
03.17.2015Sparring over sentencing reform lingo involving the media and Senator Grassley
03.17.2015Notable empirical review of what happens to most death sentences
03.16.2015New York Times editorial assails death decided "by a single vote" in Alabama and Florida
03.16.2015Interesting review of Ohio Gov John Kasich's clemency record
03.16.2015"How Prison Stints Replaced Study Hall: America's problem with criminalizing kids."
03.16.2015"The free-market case for opposing the death penalty"
03.15.2015Senator Paul continues to emphasize criminal justice reform with minority audience
03.14.2015Notable criminal justice commentary from Slate
03.14.2015Oklahoma House passes safety valve to give judges more sentencing discretion
03.14.2015"Death of the death penalty by lethal injection shortage?"
03.14.2015Reviewing DOJ's opposition to any fraud guideline amendments
03.13.2015Is there a real chance Loretta Lynch will not be confirmed as next US Attorney General?
03.13.2015Utah establishes criminal registry for white-collar offenders
03.13.2015"Jones, Lackey, and Teague"
03.12.2015"Prisons Are Making America's Drug Problem Worse"
03.12.2015US Sentencing Commission hearing on proposed fraud and other guideline amendments
03.12.2015"Will Patrick Kennedy and SAM come out in support of the CARERS Act?" and other highlights from MLP&R
03.11.2015Utah legislature brings back firing squad as alternative execution method
03.11.2015Mizzou lawyers spotlight problems poised by rapid pace of executions
03.11.2015Colson Task Force highlights " biggest driver of growth in the prison population is in federally sentenced drug offenders"
03.11.2015"Trial Defense Guidelines: Representing a Child Client Facing a Possible Life Sentence"
03.10.2015Might drug shortages in Texas grind its machinery of death to a halt?
03.10.2015Depressing news that sentencing toughness is doing little to deter child porn offenses
03.10.2015Fascinating press conference introducing federal medical marijuana reform bill, the CARERS Act
03.09.2015"Questions raised about the death penalty in Ohio"
03.09.2015Profile of one (of thousands) of the juve LWOP stories full of post-Miller uncertainty
03.09.2015"Hey, Grandpa: End Mandatory Minimums!"
03.09.2015SCOTUS finally takes up whether Florida's capital system is constitutional in light of Apprendi and Ring
03.09.2015Right on Crime poll reports most Texans want to "spend more money on effective treatment programs [rather than] on our prison system"
03.09.2015Bipartisan federal medical marijuana bill to be introduced Tuesday
03.09.2015What is SCOTUS reviewing in Hurst as it considers Florida's capital sentencing process?
03.08.2015Stirring (sentencing) civil rights sentiments in Selma speech
03.08.2015Can a sheriff prohibit sex offenders from a church that is sometimes a school?
03.07.2015California voters through Prop 47 help fix prison crowding problems plaguing state for decades
03.06.2015Highlighting that mass incarceration is "Not Just the Drug War"
03.06.2015Fourth Circuit holds that Miller is not retroactive on collateral review under Teague
03.06.2015Examining some statistical realities behind federal death penalty administration
03.05.2015"Evolving Standards of Domination: Abandoning a Flawed Legal Standard and Approaching a New Era in Penal Reform"
03.05.2015Should there be a presumptive incarceration "retirement age" to deal with the graying of prisons?
03.05.2015Despite spending many millions, Arizona prosecutors again fail to convince a sentencing jury to send Jodi Arias to death row
03.05.2015Gear up for the last weeks of April, SCOTUS sentencing fans
03.04.2015Three of "Kettle Falls Five" convicted on least serious federal marijuana charges in Washington
03.04.2015Pennsylvania Supreme Court to review, slowly, Gov Wolf's execution moratorium
03.04.2015"Boxed Out: Criminal History Screening and College Application Attrition"
03.04.2015Cloudy with (less of) a chance of executions in Georgia
03.04.2015"Do the Koch Brothers Really Care About Criminal-Justice Reform?"
03.04.2015Victims and law enforcement assail Gov Wolf's execution moratorium in Pennsylvania
03.04.2015First Circuit creates hard and firm standards before allowing sex offender penile plethysmograph testing
03.03.2015Concerns about lethal drug creates reprieve for condemned Georgia woman
03.03.2015Student Guest Post: "Behind Bars In 140 Characters or Less"
03.03.2015Jury seated and ready for opening arguments in Boston bombing trial
03.03.2015Prez policing task force calls for a "National Crime and Justice Task Force"
03.03.2015"Fishy SOX: Overcriminalization's New Harm Paradigm"
03.02.2015Another account of the massiveness and messy process behind Prez clemency initiative
03.02.2015Resentencing on tap in Ohio beard-cutting federal assault cases
03.02.2015Georgia scheduled to execute only female murderer on its death row
03.02.2015AG Holder provides Congress a sentencing reform to-do list
03.02.2015"A Slow Motion Lynching? The War on Drugs, Mass Incarceration, Doing Kimbrough Justice, and a Response to Two Third Circuit Judges"
03.02.2015California Supreme Court rules blanket sex-offender residency restriction fails rational basis review
03.01.2015"The Politics of Botched Executions"
03.01.2015Must one study lynchings past to understand US punishments present?
02.28.2015So many modern marijuana reform stories, so little time (but lots of space at MLP&R)
02.27.2015AG nominee Loretta Lynch one step closer to confirmation
02.27.2015"A Second Chance: Education's Role in Reversing Mass Incarceration"
02.27.2015How might US Sentencing Commission's new Tribal Issues Advisory Group deal with marijuana law and policy?
02.27.2015Split Connecticut Supreme Court works through Miller application issues
02.26.2015Passage of Smarter Sentencing Act is reportedly "very important" to Prez Obama
02.26.2015"Can life in prison be worse than death" ... for Dzhokhar Tsarnaev?
02.26.2015US Sentencing Commission released report on LWOP sentences in federal system
02.26.2015Encouraging recidivism realities after three-strikes reform in California
02.26.2015US Sentencing Commission releases report on LWOP sentences in federal system
02.25.2015"Can prisons predict which inmates will commit more crimes?"
02.25.2015More notable new posts from the Collateral Consequences Resource Center
02.25.2015"Eighth Amendment Presumptions: A Constitutional Framework for Curbing Mass Incarceration"
02.25.2015Prez Obama talks about criminal justice reform with members of Congress and...
02.25.2015SCOTUS in Yates rejects broad interpretation of federal criminal statute via fascinating 5-4 split (with Justice Alito as swing vote)!!
02.25.2015"Rape in the American Prison"
02.24.2015Tie vote ends effort to end the death penalty in Montana
02.24.2015Two notable and timely new reform reports from The Sentencing Project
02.23.2015Senators respond to NY Times criticisms of their sentencing work
02.23.2015Urging more media coverage of the "truly guilty and violent"
02.23.2015SCOTUS denies review for Eighth Amendment challenge to 15-year mandatory minimum sentence for possessing shotgun shells
02.23.2015Oscar speech by John Legend spotlights the New Jim Crow stat about hyperincarceration of blacks in US
02.23.2015"What rights do felons have over their surrendered firearms?"
02.22.2015"PTSD in the Prison System"
02.22.2015Sentencing as racial education: federal judge schools killers when imposing punishment
02.22.2015Early report on the early impact of Proposition 47 in California
02.21.2015"Who Watches the Watchmen? Accountability in Federal Corporate Criminal Prosecutions"
02.21.2015New Oregon Gov pledges to continue curious capital moratorium created by her corrupt predecessor
02.20.2015Virginia's former first lady facing sentencing after hubby got only two years
02.20.2015Can Sentator Ted Cruz, who says "Smarter Sentencing Act Is Common Sense," get SSA through Congress?
02.20.2015Philadelphia DA sues Pennsylvania Gov asserting execution moratorium is "lawless" and "flagrantly unconstitutional"
02.20.2015More from ACSBlog's "symposium on racial inequalities in the criminal justice system"
02.20.2015Can Senator Ted Cruz, who says "Smarter Sentencing Act Is Common Sense," get SSA through Congress?
02.19.2015The back-story of George Toca's case (and its impact on other juve LWOPers)
02.19.2015Still more bipartisan talk (and even more bureaucracy) focused on criminal justice reform
02.19.2015"Parole Release Hearings: The Fallacy of Discretion"
02.18.2015Florida Supreme Court stays lethal injection pending SCOTUS case, and AG Holder urges national execution halt
02.18.2015Hot action during a cold February concerning marijuana law, policy and reform
02.18.2015AP report details that, functionally, California kills many more sex offenders than murderers
02.18.2015Yet again, Sixth Circuit reverses one-day sentence for child porn downloading as substantively unreasonable
02.18.2015"The Divisibility of Crime"
02.17.2015Senate unanimously passes child porn restitution bill to fix Paroline problems
02.17.2015"The United States Execution Drug Shortage: A Consequence of Our Values"
02.17.2015NY Times editorial laments "The Roadblock to Sentencing Reform" ... while creating another
02.17.2015Would you urge out-going (and apparently corrupt) Oregon Gov Kitzhaber to commute all death sentences?
02.17.2015AG Holder brags about achievements of DOJ's Smart on Crime initiative
02.17.2015"How to Talk About Sentencing Policy — and Not Disparity"
02.16.2015Notable new commentary on the notable work of the Colson Task Force
02.16.2015Feds assert, despite reversal of hate crime convictions, Amish beard-cutters should get same sentences
02.16.2015Tennessee Supreme Court to consider electric chair as back-up execution method
02.15.2015"Procedural Proportionality"
02.14.2015ACSBlog conducting "symposium on racial inequalities in the criminal justice system"
02.13.2015"The Perils of Overcriminalization"
02.13.2015Is a federal judge about to declare unconstitutional federal marijuana law? And then what?
02.13.2015Texas sentencing jury finally brings needed sanction to recidivist drunk driver
02.13.2015"Pick a stat, any stat. They all tell you the same thing: America is really good at putting people behind bars."
02.13.2015Pennsylvania Gov declares moratorium on state death penalty
02.12.2015Spotlighting the administrative challenges posed by high-profile capital cases
02.12.2015Cato director explains why "2015 Can be the Year of Criminal Justice Reform"
02.12.2015New Brennan Center report asks "What Caused the Crime Decline?"
02.11.2015New bipartisan federal prison reform bill introduced (with good chance of passage?)
02.11.2015Update on a decade-long (lack of) effort (not) to fix lethal injection in California
02.11.2015"Incarceration's Front Door: The Misuse of Jails in America"
02.11.2015Ohio Supreme Court finds multiple constitution flaws in mandatory sex offender sentencing process
02.11.2015District Judge, to chagrin of feds, relies on jury poll to give minimum sentence to child porn downloader
02.10.2015As SCOTUS considers Oklahoma lethal injections, Oklahoma considers a gas chamber
02.10.2015ABA resolution calls for elimination of juve LWOP in the United States
02.10.2015Two notable Second Circuit opinions upholding aggravated sentencing decisions
02.09.2015"In praise of the firing squad"
02.09.2015Briefs seeking SCOTUS review of 15-year mandatory federal sentence for possessing shotgun shells
02.09.2015"Inside The Koch Campaign To Reform Criminal Justice"
02.08.2015"Just Violence"
02.08.2015Highlighting the role of prosecutorial activity in modern mass incarceration
02.07.2015Split Washington Supreme Court decides accomplices must receive distinct sentencing treatment
02.07.2015Ohio Gov John Kasich advocating significant resources devoted to addiction services for prisoners
02.07.2015Early February highlights from Marijuana Law, Policy and Reform
02.06.2015Highlighting President Obama's pitiful pardon record
02.06.2015Bipartisan Recidivism Risk Reduction Act introduced in US House
02.05.2015Highlighting (already extraordinary) costs of seeking to put Aurora killer on death row
02.05.2015You be the judge: what federal sentence for Silk Road creator Ross Ulbricht?
02.05.2015"Could 2015 be the year Congress finally gets serious about criminal-justice reform?"
02.05.2015More than three decades after crime, SCOTUS decides it still needs to stay Texas mass murderer execution
02.04.2015Sign of the drug war times: risk-management review of state drug-law reforms
02.04.2015A positive perspective on possible prison reform emerging from Congress
02.03.2015Getting a European perspective on crowded prisons
02.03.2015"How to Stop Revolving Prison Doors With Books"
02.03.2015A test for the Kochs' influence: seeking justice and freedom for Weldon Angelos
02.03.2015"Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System"
02.03.2015NACDL seeking examples of federal cases impacted by "trial penalty"
02.02.2015"Should Veterans With PTSD Be Exempt From the Death Penalty?"
02.02.2015Highlighting how apathy may help the criminal justice reform cause
02.02.2015Indiana sentencing reforms highlight how low-level criminal justice is forced to fill public health gaps
02.01.2015"Why Judges [and criminal case decisions] Tilt to the Right"
02.01.2015Seemingly without a "grim roster of victims," California reduces extreme prison crowding as ordered in Plata
01.31.2015After adopting new execution drug laws, Ohio delays all executions for additional year
01.31.2015Imagining a SuperBowl party with the Koch brothers, Al Franken, Rob Portman, David Keene, Piper Kerman and Van Jones
01.30.2015Examining the sources of an ever-aging US prison population
01.30.2015George Toca now a free man ... and SCOTUS now lacks a live Miller retroactivity case
01.30.2015Notable new commentary on Yates v. US and overcriminalization
01.30.2015Aggressive litigation prompts federal prosecutor in Chicago to drop stash house sting
01.29.2015Notable political debate over adding LWOP to punishments in Canada
01.29.2015Intriguing review of early impact of California's Prop 47 reducing offense seriousness
01.29.2015Some end-of-month highlights from Marijuana Law, Policy and Reform
01.29.2015"The Eternal Criminal Record"
01.29.2015With overwhelming public support, Japanese Justice Minister continues with capital punishment
01.28.2015Did feds just win the drug war?: kingpin twin drug dealers get kingly sentencing break thanks to cooperation
01.28.2015"Lynch to Cast Herself as Departure From Holder in Bid to Be Attorney General"
01.27.2015"Beyond a Reasonable Disagreement: Judging Habeas Corpus"
01.27.2015Could charter schools within the prison system help reduce recidivism?
01.27.2015"The Humane Death Penalty Charade"
01.27.2015More good crime news for first part of 2014 according to FBI data
01.27.2015"Back to the Future: The Influence of Criminal History on Risk Assessment"
01.26.2015"The Unconvincing Case Against Private Prisons"
01.26.2015High-profile capital trials put spotlight on dynamics of death-qualification of jurors
01.26.2015Shouldn't true fiscal conservatives question a federal program with 600% recent spending growth?
01.26.2015The SCOTUS culture of death: "Execution Case Highlights the Power of One Vote"
01.25.2015"The Politics of Mercy: Is clemency still the third rail? We may find out."
01.25.2015Will this week's confirmation hearings for AG nominee Loretta Lynch produce any fireworks?
01.24.2015Another remarkable exoneration thanks only to NC Innocence Inquiry Commission
01.23.2015US Sentencing Commission essentially giving up on fixing definition of "crimes of violence"
01.23.2015"Where Do We Go from Here? Mass Incarceration and the Struggle for Civil Rights"
01.23.2015Seven years after Baze, Supreme Court takes up another lethal injection challenge
01.22.2015"Heroin addiction sent me to prison. White privilege got me out and to the Ivy League."
01.22.2015NACDL explains the massive work behind Clemency Project 2014
01.21.2015"End of an Era? The Impact of Drug Law Reform in New York City"
01.21.2015How Texas prisons struggling with cost concerns innovate with telemedicine
01.21.2015A (too) brief 2015 State of the Union mention of criminal justice issues
01.21.2015Should a court hearing be required anytime a registered sex offender seeks entry to a public school?
01.21.2015Speculating about how new California Supreme Court will now handle capital cases
01.20.2015Should we be concerned about the economic or human costs of Colorado's efforts to get Aurora killer James Holmes on death row?
01.20.2015SCOTUS rules in favor of prisoner's RLUIPA claim and capital defendant's AEDPA contention
01.20.2015Hoping for (but not expecting) some mention of sentencing reform in 2015 State of the Union
01.19.2015Highlighting that most prisoners in Wisconsin now sent there for parole or probation violations
01.19.2015"Graham's Gatekeeper and Beyond: Juvenile Sentencing and Release Reform in the Wake of Graham and Miller"
01.18.2015Long weekend highlights from Marijuana Law, Policy and Reform
01.18.2015"Smart Guns Save Lives. So Where Are They?"
01.17.2015SCOTUS takes up a few small criminal justice case along with big marriage questions
01.17.2015"If crime is falling, why aren't prisons shrinking?"
01.16.2015Over dissent of four Justices, SCOTUS lets Oklahoma execution go forward (... and Florida executes around the same time)
01.16.2015"Are Pardons Becoming More Politically Acceptable?"
01.16.2015Political scientist highlights how Ted Kennedy and Joe Biden helped produce modern mass incarcertation
01.16.2015LawProf and federal judge propose special evidence rules for penalty phase of capital cases
01.16.2015AG Holder announces notable new limits on civil forfeitures to fund local police
01.15.2015Oklahoma geared up to restart its machinery of death nine months after ugly execution
01.15.2015"Should the Medium Affect the Message? Legal and Ethical Implications of Prosecutors Reading Inmate-Attorney Email"
01.15.2015Fifth Circuit reverses computer filter lifetime supervised release condition for sex offender
01.15.2015Notable new posts in the new year from the Collateral Consequences Resource Center
01.14.2015Senator Grassley queries DOJ concerning its work with Clemency Project 2014
01.14.2015"Georgia executes Vietnam veteran who killed a sheriff's deputy"
01.14.2015With interesting 6-3 split, SCOTUS gives habeas petitioner a little win on appeal
01.14.2015"In a Safer Age, U.S. Rethinks Its 'Tough on Crime' System"
01.13.2015SCOTUS unanimously rejects defense effort to limit reach of sentence enhancement in federal robbery statute
01.13.2015Brief account of what proposed fraud guideline changes might amount to
01.12.2015County budget woes forces a official jail break in Ohio
01.12.2015United States v. Booker is exactly 10 years old today, and...
01.12.2015"Disgust, Dehumanization, and the Courts' Response to Sex Offender Legislation"
01.11.2015Toledo Blade urges "No more prisons" for Ohio as it deals with overcrowding issues
01.11.2015"An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State"
01.10.2015SCOTUS orders new briefing and argument on ACCA's constitutionality in Johnson!?!?!
01.10.2015Should honoring vets and PTSD call for commuting a death sentence?
01.09.2015Ohio to delay scheduled executions early in 2015 after adopting another new execution protocol
01.09.2015Early 2015 highlights from Marijuana Law, Policy and Reform
01.09.2015"How White Liberals Used Civil Rights to Create More Prisons"
01.09.2015US Sentencing Commission proposes (modest but significant) changes to the fraud guidelines
01.08.2015Intriguing Sixth Circuit procedural sentencing reversal of upward variance
01.08.2015Mapping facilities in incarceration nation which "has more jails than colleges"
01.08.2015"Sentencing Rules and Standards: How We Decide Criminal Punishment"
01.08.2015Is California prepared to revoke parole for any sex offender with an iffy lie-detector test?
01.07.2015Congressional Black Caucus saying it will focus on criminal justice reform
01.07.2015Victim rights' back-story at heart of new Cassell-Dershowitz blood feud
01.07.2015Criminology & Public Policy special issue on sentencing reform and mass incarceration
01.07.2015"How to reduce poverty and improve race relations by rethinking our justice system"
01.06.2015Previewing (and predicting) federal sentencing prospects for former Virginia Gov McDonnell
01.06.2015Extraordinary review of messiness of Prez Obama's clemency push
01.06.2015"Any broad criminal justice reforms ... will fail without first fixing the indigent defense crisis."
01.06.2015GOP apparently eager to have Eric Holder as AG for at least one more month
01.06.2015Former Virginia Gov McDonnell gets (way-below-guideline) sentence of two years in prison
01.06.2015Notable discussions of children as mass incarceration's "collateral damage"
01.05.2015"Switzerland has too many criminals and too few prisons"
01.05.2015Despite recent reforms, Indiana and Ohio still struggling greatly with prison crowding and costs
01.05.2015Gearing up (finally) for start of capital trial of Boston Marathon bomber
01.05.2015"Is Obama Finally Ready To Dial Back The War On Drugs?"
01.05.2015Former District Judge Paul Cassell at center of two big new victim-rights stories
01.04.2015More great news about declining homicide rates as we close book on 2014
01.03.2015"How did a law to regulate heroin traffic turn into the costly, futile War on Drugs?"
01.02.2015Victims often left behind as state get tough on sex trafficking
01.02.2015Victims often left behind as states get tough on sex trafficking
01.02.2015"Policing Public Order Without the Criminal Law"
01.01.2015Chief Justice promises fully electronic SCOTUS by 2016 in his 2014 year-end report
12.31.2014"The Steep Cost of America's High Incarceration Rate"
12.31.2014 More notable new posts from the Collateral Consequences Resource Center
12.31.2014"Emotion, Authority, and Death: (Raced) Negotiations in Mock Capital Jury Deliberations"
12.31.2014Outgoing Maryland Gov commutes final four state death sentences to life
12.31.2014Big 2014 data (and big 2015 plans?) from US Sentencing Commission
12.31.2014Some (incomplete) year-in-review highlights from Marijuana Law, Policy & Reform
12.30.2014Pennsylvania Supreme Court declares state's sex offender registration regulations violate juve offenders' due process rights
12.30.2014Split Ninth Circuit panel reverses Arizona death sentence over sharp dissent
12.29.2014Big talk from Charles Koch about big (money) criminal justice reform efforts
12.28.2014Former Virginia Gov McDonnell upcoming sentencing sets out white-collar terms of debate
12.28.2014Have messy executions in 2014 moved the death penalty debate in any way?
12.26.2014South Dakota legislator suggests using drug war proceeds to fund public defenders
12.26.2014Pennsylvania chief justice blames federal public defenders for death penalty problems
12.25.2014Ohio officials (and taxpayers) get a lethal injection lawsuit for the holidays
12.24.2014Some recent highlights from Marijuana Law, Policy and Reform
12.24.2014"Relief in Sight? States Rethink the Collateral Consequences of Criminal Conviction, 2009-2014"
12.23.2014Are Arizona and Oklahoma likely to have their machineries of death operational early in 2015?
12.23.2014Is US Rep. Grimm likely to advocate for federal sentencing reform following his felony plea?
12.22.2014"A Simple Model of Optimal Deterrence and Incapacitation"
12.22.2014Prez Obama to nominate Atlanta US Attorney Sally Yates to Deputy AG position
12.21.2014Shouldn't every parole board (and sentencing commission) include a former inmate?
12.21.2014"U.S. Incarceration: Still Mass; The shrink-the-prisons movement hasn't moved the numbers."
12.21.2014With new drug secrecy law, just when is Ohio really likely to get its machinery of death operational?
12.20.2014Another group of notable new posts at Collateral Consequences Resource Center
12.20.2014Another group of notable new posts at the Collateral Consequences Resource Center
12.19.2014"Six Reasons the Death Penalty is Becoming More Expensive"
12.19.2014New BJS data show continued (very) slow decline in correctional populations in US
12.19.2014"Regulating Sexual Harm: Strangers, Intimates, and Social Institutional Reform"
12.19.2014Could (and should) Colorado (or others) respond to attack on marijuana legalization by counter-attacking federal prohibition?
12.18.2014DPIC year-end report highlights "death penalty decline continues in 2014"
12.18.2014"End Solitary Confinement for Teenagers"
12.18.2014Call for Papers for 2015 Innocence Network Conference
12.18.2014Nebraska and Oklahoma sue Colorado in US Supreme Court over marijuana legalization
12.17.2014Split en banc First Circuit reverses judgment that sex-change operation was medically necessary for imprisoned murderer
12.17.2014Federal judge in sentencing proceeding(?!?!) declares Prez Obama's immigration order unconstitutional
12.17.2014Detailed examination of how local costs may slowly kill the death penalty
12.17.2014Should ALL federal marijuana sentencings be postponed now that Cromnibus precludes DOJ from interfering with state medical marijuana laws?
12.17.2014President Obama (aka clemency grinch) grants a few holiday pardons and commutations
12.16.2014"Why Plea Bargains are Not Confessions"
12.16.2014Should problematic police be on a registry like sex offenders?
12.16.2014Notable NPR coverage of the "Human Casualties Of Mandatory Sentencing"
12.16.2014"Survey: Teen marijuana use declines even as states legalize"
12.16.2014Defense moves to postpone federal marijuana sentencing based new law ordering DOJ not to prevent states from implementing medical marijuana laws
12.15.2014Former Virginia Gov McDonnell facing significant (trial?) penalty in his federal guideline calculation
12.15.2014Police prevail 8-1 in first notable criminal justice merits ruling of SCOTUS term
12.15.2014NJ Supreme Court clarifies legitimacy and importance of considering post-offense conduct at sentencing
12.14.2014"The Misleading Math of 'Recidivism'"
12.14.2014Detailing the dysfunction of Pennsylvania's death penalty system
12.12.2014Senator Grassley introduces juvenile justice bill showing eagerness to do bipartisan reforms
12.12.2014Texas top court rules juveniles getting transferred to adult court too readily
12.12.2014Federal task force on corrections getting geared up for (big?) work in 2015
12.12.2014Supreme Court grants cert to (finally!?!) resolve whether Miller applies retroactively
12.11.2014"As Though They Were Not Children: DNA Collection from Juveniles"
12.11.2014Notable new reporting on "tough-on-sex-offenders" rhetoric in recent judicial campaigns
12.11.2014Repeat drunk-driver tells fishy story to explain erratic driving
12.10.2014Various appeals do not interfere with Georgia and Missouri completing final executions of 2014
12.10.2014Second Circuit panel finds evidence insufficient to support two major insider trading convictions
12.09.2014Scheduled Georgia execution raising again issues of poor lawyers and intellectual disability
12.09.2014Lots more notable new posts at Collateral Consequences Resource Center
12.09.2014"Structuring Pre-Plea Criminal Discovery"
12.09.2014Madoff aides finally getting sentenced for their roles in massive Ponzi scheme
12.08.2014Two astute commentaries about California's emerging Prop 47 issues
12.08.2014"Are prosecutors above the law?"
12.08.2014Notable new resources from DOJ and DOE to improve education in juve justice systems
12.08.2014Bill Otis provides important (though incomplete) review of the real state of debate over sentencing reform
12.08.2014Seventh Circuit affirms, over government complaints, way-below-guideline sentence for child porn producer
12.07.2014Blanket prohibition of tobacco now officially the law of the federal prisons land
12.07.2014Former basketball star taking (wild?) shot at fighting loss calculation in federal fraud sentencing
12.05.2014District Judge pushes federal prosecutors to back off extreme trial penalty sentence
12.05.2014SCOTUS takes up new capital procedures case from Louisiana
12.04.2014Fifth Circuit issues stay keepingTexas from executing mentally ill condemned murderer
12.04.2014Some notable new postings at the Collateral Consequences Resource Center
12.04.2014New report from Center for American Progress examines barriers for those with criminal records
12.04.2014Nevada completes detailed accounting of costs of death penalty cases
12.04.2014Fourth Circuit find LWOP + 60 month sentence (!?!) for drug offenses substantively unreasonable
12.04.2014"The True Legacy of Atkins and Roper: The Unreliability Principle, Mentally Ill Defendants, and the Death Penalty's Unraveling"
12.03.2014After numerous local, state and federal reforms, crime hits new record lows in biggest US city
12.03.2014Praise for Texas justice embracing "Right on Crime" from across the pond
12.02.2014"What Death Penalty Opponents Don't Get"
12.02.2014Making the case (again) for fixing the federal clemency process
12.02.2014Justices struggling in Elonis argument with free speech and Facebook threats
12.02.2014"Actually, Blacks Do Care About Black Crime"
12.02.2014SCOTUS hears argument on application of mandatory minimum sentencing provision in Whitfield
12.02.2014"United States v. Erwin and the Folly of Intertwined Cooperation and Plea Agreements"
12.01.2014"The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus on Miller v. Alabama"
12.01.2014Noting some reasons the number of US executions in 2014 are so low
12.01.2014Growing awareness of the limited efficacy of local sex offender residency restrictions
12.01.2014Previewing SCOTUS argument in Facebook threat case, Elonis v. United States
12.01.2014Justices issue cert statements expressing concerns about procedural issues in criminal appeals
11.29.2014Is Big Pharma already a bigger threat to kids than Big Marijuana would be?
11.28.2014Latest New York recidivism numbers provide more to be thankful for
11.28.2014Texas Justice calls for state's death penalty to be abolished
11.27.2014Nearly a year into clemency initiative, turkeys remain more likely to get Prez Obama pardon than people
11.27.2014Senator Rand Paul links Ferguson tragedy to harms of the modern drug war
11.27.2014So grateful for so much...
11.26.2014Some unusual suspects working to stop Texas from executing mentally ill condemned murderer
11.26.2014"The Neuroscientific Case Against Retributive Justice"
11.25.2014Pleased to see Marijuana Law, Policy & Reform make the ABA's Blawg 100
11.25.2014USSC Chair's discussion of "A Generational Shift for Drug Sentences" now in print
11.25.2014Rounding up some blogsphere reactions to events in Ferguson
11.25.2014Can and should out-going Maryland Gov commute death sentences to ensure LWOP after state's capital repeal?
11.25.2014"Did Marijuana Kill Michael Brown?"
11.24.2014"Will Texas Kill an Insane Man?"
11.23.2014Interesting look at California's Proposition 47 and undoing collateral consequences
11.23.2014"On Life Support: Public Health in the Age of Mass Incarceration"
11.23.2014Reviewing the potential and pitfalls in a notable problem-solving court in NYC
11.22.2014Notable comments from AAG about Justice Reinvestment
11.21.2014Significant sentencing reform afoot in Michigan
11.21.2014Unpacking why DOJ is so concerned about federal prison populations and its costs
11.21.2014Ohio and Utah moving forward with distinct fixes for lethal injection drug problems
11.21.2014"'Power and Greed and the Corruptible Seed': Mental Disability, Prosecutorial Misconduct, and the Death Penalty"
11.20.2014"Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law"
11.20.2014"The Racist Origins of Felon Disenfranchisement"
11.20.2014Hoping to help Kickstart a notable new death penalty documentary
11.19.2014Missouri completes ninth execution of 2014
11.19.2014Massachusetts special commission urges repeal of all drug mandatory minimums
11.19.2014"Death, Desuetude, and Original Meaning"
11.18.2014"Does Prison Privatization Distort Justice? Evidence on Time Served and Recidivism"
11.18.2014Investigation reveals "mandatory" Minnesota gun sentence not imposed in majority of cases
11.18.2014Marshall Project investigation, "Death by Deadline," looks at capital appeals impact of AEDPA
11.18.2014Wonderful new on-line resource, Collateral Consequences Resource Center, now available
11.18.2014"Criminal Sentencing Reform: A Conversation among Conservatives"
11.18.2014Ninth Circuit upholds injunction, on First Amendment grounds, blocking California law requiring sex offenders to report report online activities
11.17.2014The Marshall Project gets AG Holder to talk about his criminal justice reform work
11.17.2014"Death Penalty Drugs and the International Moral Marketplace"
11.16.2014Does latest FBI report of crime's decline provide still more support for lead-exposure-crime link?
11.16.2014"The Quiet Army: Felon Firearms Rights Restoration in the Fourth Circuit"
11.15.2014Examining Crawford after a decade
11.14.2014Florida finally completes execution 22 years after murderer's horrific crime
11.14.2014"'I Expected It to Happen/I Knew He'd Lost Control': The Impact of PTSD on Criminal Sentencing after the Promulgation of DSM-5"
11.14.2014NY Times debates "Parole When Innocence Is Claimed"
11.14.2014Notable new AG Holder comments on reducing crime rates and incarceration levels
11.14.2014Over lengthy dissents, en banc Eleventh Circuit shuts 2255 door to claims based on advisory guideline misapplication
11.13.2014Federal judge wonders if marijuana sentencing should be impacted by state reforms
11.13.2014Split South Carolina Supreme Court declares Miller retroactive AND applicable to state's nonmandatory LWOP sentencing scheme
11.12.2014"A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle"
11.11.2014Highlighting that George Soros and the Koch Brothers agree on the need for criminal justice reform
11.11.2014New York City mayor announces new policy concerning marijuana enforcement
11.11.2014Notable past remarks by AG-nominee Lynch on criminal justice reform to the Convention on the Elimination of Racial Discrimination
11.11.2014Legislation to get Ohio back on track with lethal injections being fast-tracked
11.10.2014Minnesota judges say we must admit "we have a problem with race" in the criminal justice system
11.10.2014Federal prosecutors righteously undo convictions based on FBI agent's misdeeds
11.10.2014Huzzah, Huzzah... all crime goes down again in 2013 according to new FBI data
11.10.2014"Why Are There Up to 120,000 Innocent People in US Prisons?"
11.09.2014Florida Supreme Court dealing with Miller retroactivity issue after legislative fix
11.09.2014"Aging Prisoners Shackle State Budgets"
11.08.2014"We should stop putting women in jail. For anything."
11.08.2014Prez Obama selects Loretta Lynch to replace Eric Holder as US Attorney General
11.07.2014After state's capital repeal, Maryland AG argues the state cannot execute those already on death row
11.07.2014ACLU to devote $50 million to political efforts to attack mass incerceration
11.07.2014Guest SCOTUS argument analysis: "Fish are apparently funny . . . and other quick thoughts on Yates"
11.06.2014"After the Cheering Stopped: Decriminalization and Legalism's Limits"
11.06.2014Based on questions asked at SCOTUS oral argument, wins predicted for federal defendants in Johnson and Yates
11.06.2014New California report finds many challenges in sex offender monitoring
11.06.2014Impact of California's Prop 47 already being felt ... by defense attorneys and police
11.06.2014How might election results (and subsequent sparring) impact Prez Obama's clemency plans?
11.05.2014Is major federal sentencing reform possible now that Republicans have full control of Congress?
11.05.2014Awaiting results from the Last Frontier, marijuana reform initiatives getting majority support
11.05.2014California sentencing reform initiative Prop 47 wins big getting almost 60% support
11.05.2014"Fish, Shotguns and Judicial Activism"
11.05.2014How might election results impact replacing Eric Holder as Attorney General?
11.05.2014What does Rep-elect Mia Love, the new most-interesting person in Congress, think about sentencing reform and the federal drug war?
11.04.2014SCOTUS hears argument in two notable federal criminal justice cases this week
11.04.2014"Profiles in Probation Revocation: Examining the Legal Framework in 21 States"
11.04.2014Will Election 2014 speed up or slow down the marijuana reform movement?
11.04.2014US District Judge Kopf reports on retroactive implementation of new reduced federal drug guidelines in Nebraska
11.04.2014Terrific SCOTUSblog previews of this week's SCOTUS arguments in Johnson and Yates
11.03.2014Interesting review of the (too cautious?) work of California's Attorney General
11.03.2014Judge Rakoff highlights prosecutorial sentencing power in explaining "Why Innocent People Plead Guilty"
11.03.2014"Narcotics Prosecutors as Problem Solvers"
11.03.2014Arguing for releasing all drug prisoners and reparations to "right the drug war's wrongs"
11.03.2014Why I believe criminal justice reform is on the ballot this year ... and reflected in anti-Obama sentitments
11.02.2014Following-up in Maryland after court rules some sex offenders not subject to new registration requirements
11.02.2014"Crashing the Misdemeanor System"
11.01.2014Notable account of all the advocacy and interests surrounding California's Prop. 47
11.01.2014Documenting modern state investments in schools and prisons
10.31.2014"Shrinking Prisons: Good Crime-Fighting and Good Government"
10.31.2014New reduced federal drug sentencing guidelines about to become official
10.30.2014Notable criticism of Pope's advocacy against LWOP and "nurturing mommy" approach to government
10.30.2014"Physicians, Medical Ethics, and Execution by Lethal Injection"
10.30.2014New York Times editorial makes the case for California's Prop 47
10.29.2014Is the death penalty really dying a slow death . . . in Texas?!?
10.29.2014Federal judge (improperly?) delays imposing max sentence on fraudster to allow time to consider withdrawal of plea
10.28.2014Notable pitch for California Prop 47 based in mental health concerns
10.28.2014Back from dead, fugitive fraudster gets 30 years in federal pen
10.28.2014BJS releases latest official data on adult offenders on probation or parole
10.27.2014Interesting analysis of how summer impacts crime rates
10.27.2014"Truth, Justice, and the American Style Plea Bargain"
10.27.2014Notable new Cato working paper examines "Marijuana Policy in Colorado"
10.27.2014Prosecutors in South Africa indicate they plan to appeal Pistorius outcome
10.27.2014Two condemned New Mexico murderers left behind after death penalty repeal seek relief from NM Supreme Court
10.26.2014Media coalition sues Arizona on First Amendment grounds seeking more info on executions
10.26.2014More drug war collateral damage: "Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required"
10.25.2014Due to Alleyne, Kansas Supreme Court requires resentencing of murderer of abortion provider
10.25.2014"Jury Says Castrated Sex Offender Should Be Freed"
10.24.2014Split Minnesota Supreme Court rules lenient sentence in rape case was abuse of discretion
10.24.2014ACLU flies suit against Florida county's latest sex offender residency restrictions
10.24.2014Unpacking the reasons given for public support and opposition to the death penalty
10.24.2014Election season round-up of posts on pot politics from Marijuana Law, Policy and Reform
10.23.2014"The Death Penalty's 'Finely Tuned Depravity Calibrators': Fairness Follies of Fairness Phonies Fixated on Criminals Instead of Crimes"
10.23.2014Graphic representation of female prisoners around the world
10.23.2014Gallup polling shows "Americans' Support for Death Penalty Stable"
10.23.2014Pope Francis now advocating for total abolition of LWOP sentences as well as the death penalty
10.23.2014"How Changes in American Culture Triggered Hyper-Incarceration: Variations on the Tazian View"
10.22.2014Seventh Circuit affirms stat-max 90-year sentence for child molester despite ugly childhood
10.22.2014Does new DOJ appointee want to decriminalize all drug possession ... and would that be so bad?
10.21.2014Bladerunner Oscar Pistorius sentenced to five years in prison for killing girlfriend
10.21.2014Arizona prosecutors getting started at second (costly) run at death sentence for Jodi Arias
10.21.2014Koch Industries give "major grant" to NACDL to help with indigent defense
10.21.2014"Skewed Justice: Citizens United, Television Advertising and State Supreme Court Justices' Decisions in Criminal Cases"
10.20.2014"Why Did the Supreme Court Sidestep Sentencing Dispute?"
10.20.2014SCOTUS order list gets week off to exciting start for criminal justice fans
10.20.2014New top Justice in Massachusetts urges repeal of mandatory minimums for low-level drug offenders
10.19.2014Reviewing concerns about the efficacy and fairness of sex offender registried
10.19.2014Reviewing Alabama's (somewhat successful) use of sentencing guidelines to reduce prison growth
10.19.2014"Good Conduct Time for Prisoners: Why (and How) Wisconsin Should Provide Credits Toward Early Release"
10.19.2014Judicial misconduct complained against Fifth Circuit Judge Jones based on provocative death penalty speech dismissed
10.18.2014With DAG James Cole also stepping down, new appointments will remark DOJ
10.17.2014ProPublica urges next AG to "Fix Presidential Pardons"
10.17.2014"Cities Look for Ways to Get Free of Empty Jails"
10.16.2014Will Eric Holder still be Attorney General well into 2015?
10.16.2014"Risk and Needs Assessment: Constitutional and Ethical Challenges"
10.16.2014Author John Grisham says "we've gone nuts with this incarceration" of child porn downloaders
10.16.2014"Is Hillary Clinton ready for marijuana's 2016 push?"
10.15.2014"Elevating Substance Over Procedure: The Retroactivity of Miller v. Alabama Under Teague v. Lane"
10.14.2014Three Justices dissent from denial of certiorari in Jones/Ball acquitted conduct case
10.14.2014Does the Constitution limit the age at which a juve killer can be tried as an adult?
10.14.2014"Could firing squad make a comeback in Utah, elsewhere?"
10.14.2014Refusing to take up acquitted punishment, passive virtues, SCOTUS reputation, and cert-denial-deal speculation
10.14.2014AG Eric Holder officially says federal prosecutors should no longer require defendants to "waive their right to bring future claims of ineffective assistance of counsel"
10.13.2014"Confronting Cognitive 'Anchoring Effect' and 'Blind Spot' Biases in Federal Sentencing: A Modest Solution for Reforming a Fundamental Flaw"
10.13.2014Noting how politicians can be pro-life and pro-death (penalty) in Texas
10.13.2014"Will Oscar Pistorius serve any prison time for killing Reeva Steenkamp?"
10.13.2014Oklahoma AG requests additional delay before state gets back to executions
10.12.2014Documenting a notable California legal crusade against sex offender restrictions
10.10.2014Oklahoma has impressive early success with revised earned credit program
10.10.2014Wyoming Supreme Court joins group deciding SCOTUS Miller ruling is retroactive
10.09.2014"Fifteen Years of Supreme Court Criminal Procedure Work: Three Constitutional Brushes"
10.09.2014Texas succeeds with new laws intended to disrupt school-to-prison pipeline
10.09.2014New survey shows significant and growing support for "eliminating mandatory minimum prison sentences for nonviolent offenders"
10.08.2014Rolling Stone laments enduring casualties of drug war's mandatory minimums
10.08.2014Criticizing the tenure of AG Eric Holder based on the death penalty as a human rights issue
10.08.2014Distinctive religious perspective on the drug war for the season
10.08.2014Ninth Circuit panel chastises prosecutors for breaching "fast-track" plea agreement
10.07.2014"Trial Bargaining"
10.07.2014Arkansas deputy AG cut to pieces while trying to defend prison beard-cutting policies
10.06.2014Previewing some of the high-profile criminal cases on the SCOTUS docket
10.06.2014Highlighting and lamenting the too potent powers of prosecutors
10.06.2014SCOTUS keeps rejecting important follow-up Graham and Miller issues
10.06.2014SCOTUS summarily reverses Ninth Circuit habeas grant on AEDPA deference grounds
10.06.2014Reviewing California's debate over lowering sentences through Prop 47
10.06.2014Trying not to get too excited about SCOTUS relist in Jones/Ball acquitted conduct case
10.05.2014Concurrence laments "trend" of federal prosecutors seeking "significantly enhanced terms of imprisonment under the guise of 'relevant conduct'"
10.05.2014Could we reduce recidivism with tattoo removal prison programming?
10.03.2014Should advocates of federal criminal justice reform be rooting for Republicans to take control of Senate?
10.03.2014"The Future of Juvenile Appeals in the United States"
10.03.2014SCOTUS preview guest-post: "Measuring the Dangerousness of Felonies for Sentencing Purposes"
10.02.2014SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suits
10.02.2014Intriguing new research on criminal justice impact of distinct marijuana reforms
10.02.2014Notable new empirical research on citizenship's impact on federal sentencing
10.02.2014Up and down the east coast, notable white-collar federal sentencings
10.02.2014"Ineffective Assistance of Counsel Before Powell v. Alabama: Lessons from History for the Future of the Right to Counsel"
10.01.2014What should be made of the tough prosecution/punishment trend for animal abuse?
10.01.2014"The Curious Disappearance of Sociological Research on Probation Supervision"
10.01.2014Peculiar (judicial?) screed against evidence-based sentencing "fad" based on the "need to be realistic"?!!?
10.01.2014This is your federal sentencing data on drugs (after the minus-2 amendment)
10.01.2014"Prison bankers cash in on captive customers: Inmates' families gouged by fees"
10.01.2014More proof of ________?: violent crime hits historic lows in crazy California
09.30.2014"A Plea for Funds: Using Padilla, Lafler, and Frye to Increase Public Defender Resources"
09.30.2014Reviewing how death is different (but still being used) in Japan
09.30.2014Making the full case for Mitt Romney, drug czar
09.30.2014Ohio AG puts onus on Ohio legislature to reboot state's machinery of death
09.29.2014"Mitigating Foul Blows"
09.29.2014Rooting for acquitted conduct petition grant from SCOTUS long conference
09.29.2014District Court embraces as-applied Second Amendment limit on federal felon-in-possession prohibtion
09.29.2014Notable new AG Holder memorandum on charging policies and plea negotiations
09.28.2014Another round of highlights from Marijuana Law, Policy and Reform
09.27.2014Teacher resentenced to 10 years in notorious Montana rape case
09.27.2014Arizona poised to take second (costly) run at death sentence for Jodi Arias
09.26.2014Louisiana legislative commission looking closely at capital case costs
09.26.2014"Hall v. Florida: The Death of Georgia's Beyond a Reasonable Doubt Standard"
09.26.2014Could (and should) AG Eric Holder be even bolder on sentencing and drug war reform as a lame duck?
09.25.2014"Does Immigration Enforcement Reduce Crime? Evidence from 'Secure Communities'"
09.25.2014Eric Holder resigning Attorney General position ... next up?
09.24.2014Noting the dynamics and debate over risk-assessments at sentencing
09.24.2014Brennan Center urges new orientation in "Federal Prosecution for the 21st Century"
09.24.2014Absent evidence of threats to humans, is incarceration for five years for animal abuse needed (or helpful)?
09.24.2014"Why Are So Many People Getting Sentenced to Death in Houston?"
09.24.2014Is California's Prop. 47 a "common-sense" or a "radical" reform to the state's criminal laws?
09.24.2014Interesting response from Heritage folks interested in AG Holder's recent sentencing comments
09.23.2014Inititative details and debates over California's Proposition 47 to reduce severity of various crimes
09.23.2014"Banks, Marijuana, and Federalism"
09.23.2014Split NJ Supreme Court holds that state's sex offender GPS tracking is punishment subject to ex post facto limits
09.23.2014High-profile commentator Dinesh D'Souza gets below-guideline probation sentence for violating federal campaign finance laws
09.23.2014Highlights from AG Holder's big speech today at the Brennan Center for Justice
09.22.2014Serious talk about a serious alternative (nitrogen) to lethal injection in Oklahoma
09.22.2014Sixth Circuit reverses Ponzi scheme sentence because loss calculation failed to credit monies paid out
09.22.2014Brennan Center event on "Shifting Law Enforcement Goals to ​Reduce Mass Incarceration"
09.21.2014Newt Gingrich helps explain "What California can learn from the red states on crime and punishment"
09.21.2014"Under Pressure: The Hazards of Maintaining Innocence after Conviction"
09.20.2014Recent highlights from Marijuana Law, Policy and Reform
09.20.2014Despite the threat of another Plata, a number of states' prisons remain way over capacity
09.19.2014"The Most Senior Wall Street Official: Evaluating the State of Financial Crisis Prosecutions"
09.18.2014Long-incarcerated mass murderer given right to end his life in Belgium
09.18.2014Members of Congress call for federal judge to resign after his domestic violence conviction
09.18.2014"The War on Drugs and Prison Growth: Limited Importance, Limited Legislative Options"
09.18.2014BJS reports modest decline in violent and property crimes in 2013
09.17.2014Texas poised to execute a second female murderer in one year
09.17.2014Two folks working on criminal justice issues get MacArthur "genius" Fellowships
09.17.2014"Sentencing and Interbranch Dialogue"
09.17.2014Woman who bought guns for killer gets (way-above-guideline) eight-year federal prison sentence
09.17.2014Seventh Circuit panel seemingly unmoved by feds appeal of probation sentence given to Beanie Babies billionaire
09.17.2014Finding an age-based silver lining — or lead lining — in latest BJS prison data
09.16.2014Terrific collection of materials on-line as USSC's "Annual National Seminar Goes Paperless"
09.16.2014After a few modest yearly declines, state prison population ticks up in 2013 according to new BJS data
09.15.2014Encouragingly, private prison company CCA turning focus to reducing recidivism
09.15.2014"Unbundling Criminal Trial Rights"
09.15.2014Congressional Budget Office reports Smarter Sentencing Act would save federal taxpayers $4.36 billion
09.15.2014Effective commentary on Sixth Circuit panel upholding 15-year ACCA sentence for possession of shotgun shells
09.14.2014Claiming his innocence, convicted Florida murderer requests judge to impose death penalty
09.13.2014Recent posts of special note from "Hercules and the Umpire"
09.12.2014"20 Years Later, Major Crime Bill Viewed As Terrible Mistake"
09.12.2014New Urban Institute report spotlights "graying" of federal prisoners
09.11.2014Despite another round of drug-based appeals, Missouri and Texas both able to complete executions today
09.11.2014Symposium papers on "NSA Surveillance: Security, Privacy, and Civil Liberty"
09.11.2014Sixth Circuit panel finds mandatory 15-year imprisonment term not grossly disproportionate for possession of shotgun shells
09.11.2014"Marijuana, Federal Power, and the States"
09.10.2014Will and should federal judge Mark Fuller get the same professional treatment as Ray Rice?
09.10.2014Group of world leaders call for end to criminal drug war and urges experiment with legalization
09.10.2014"Misdemeanor Decriminalization"
09.10.2014Might all video visitation companies be eager to have prisons and jail prohibition in-person visitation?
09.09.2014Pitching argument to pitch death penalty as failed government policy
09.09.2014Split Third Circuit panel concludes Allenye error can be harmless
09.08.2014Pregame preview of another high-profile insider-trading sentencing in NYC
09.08.2014Intriguing concurring sentiments about federal child porn downloading cases from Judges Noonan and Reinhardt
09.08.2014"The Dilemmas of Excessive Sentencing: Death May Be Different But How Different?"
09.08.2014Former SAC trader Mathew Martoma gets lengthy (but way-below guideline) federal prison term of nine years for insider trading
09.07.2014Editorial laments how some part of Ohio are "addicted to prisons"
09.07.2014"Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies"
09.05.2014"Reducing Guilty Pleas Through Exoneree Compensations"
09.04.2014Oklahoma releases extensive report concerning problems with Lockett execution
09.04.2014"Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining"
09.04.2014Former Virginia Gov McDonnell (and wife) now facing high-profile federal sentencing after jury convictions on multiple charges
09.03.2014Another drug sentencing sign of these political times in Massachusetts
09.03.2014"A 'Holocaust in Slow Motion?' America's Mass Incarceration and the Role of Discretion"
09.03.2014You be the sentencing judge: decades or just years for mistaken home shooting in Detroit? UPDATE: Judge decides decades
09.03.2014New report that Missouri is using controversial execution drug despite claims to the contrary
09.03.2014"Life sentence for buying marijuana?"
09.03.2014Third Circuit panel splits over whether placing child porn in shared folder constitutes distribution
09.02.2014"Rethink sentencing and parole to solve aging, costly prison population"
09.02.2014Noting the halting of executions in Mississippi ... and nationwide in nearly all states
09.01.2014Gendered perspective on Ohio's challenges with opioids and prison growth
09.01.2014Lots more highlights from Marijuana Law, Policy and Reform
08.31.2014Could capital reprieve cost Colorado Gov his office?
08.31.2014"The criminalisation of American business"
08.31.2014"Rational Criminal Addictions"
08.31.2014Shareholders of private prison corporations already profiting from border problems
08.29.2014"Mass Probation: Toward a More Robust Theory of State Variation in Punishment"
08.29.2014Based on additional 3553(a) justifications, Eighth Circuit affirms "profound downward variance to a sentence of probation" in multi-million dollar fraud
08.29.2014New Hampshire Supreme Court rules Miller is substantive and retroactive to prior JLWOP cases
08.28.2014At third federal sentencing, elderly child porn defendant gets one year in prison and lawyer pledges SCOTUS appeal
08.28.2014How should governments approach a product that research suggests reduces overdose deaths, domestic violence and Alzheimer's?
08.27.2014"Brady's Blind Spot: Impeachment Evidence in Police Personnel Files and the Battle Splitting the Prosecution Team"
08.27.2014Drug addiction specialist laments that "our prison system does little more than teach addicts how to be better addicts"
08.27.2014Based on Burrage, split Sixth Circuit panel reverses federal hate crime convictions for Amish beard-cutters
08.27.2014"Rebellion: The Courts of Appeals' Latest Anti-Booker Backlash"
08.26.2014Two positive reports on positive public health results from marijuana reform and use
08.26.2014Though guidelines recommend two years or less, feds request 10-year max for woman who bought guns for killer
08.26.2014Notable federal case impacted by SCOTUS Miller ruling nearly two decades after initial sentencing
08.26.2014Significant Third Circuit ruling on the consequences of a defendant's appeal despite an appeal waiver
08.25.2014Will third time be a charm in federal sentencing of child porn defendant Richard Bistline?
08.25.2014"Clemency and the Unitary Executive"
08.25.2014What's the likely Ninth Circuit timeline for deciding the fate of California's death penalty in Jones v. Chappell?
08.25.2014"Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America"
08.25.2014Is Chicago now providing more support for the claim that more guns means less crime?
08.24.2014Detailing the high cost of an aging prison population in the Palmetto State
08.23.2014Residency restrictions keep NY sex offenders confined after serving their senetence
08.23.2014Perspective on victims' perspectives on the death penalty
08.22.2014Third Circuit finds "reprehensible" conduct regarding victim restitution not grounds for revoking supervised release
08.22.2014"It's Time to Overhaul Clemency"
08.22.2014California Attorney General seeking appeal in Jones v. Chappell capital case
08.22.2014"The Debt Penalty: Exposing the Financial Barriers to Offender Reintegration"
08.21.2014"The Scarlet Letter of the Law: A Place for Shaming Punishments in Arizona"
08.21.2014After Ferguson, can and should marijuana legalization and drug war reform become a unifying civil rights movement?
08.21.2014"Let's reserve costly prison beds for dangerous offenders"
08.21.2014Kentucky Supreme Court affirms that ineffective assistance of counsel waivers in plea agreements are ethically suspect
08.21.2014Pennsylvania Superior Court upholds (most of) sentence requiring former state Supreme Court Justice to write apology
08.20.2014"15 years without an execution: the death penalty in Pennsylvania"
08.20.2014Detailing the significant increase in California lifers getting parole
08.20.2014Pennsylvania Supreme Court declares $75K mandatory fine constitutionally excessive for $200 theft
08.19.2014Notable new follow-ups to recent ugly executions in Arizona and Ohio
08.19.2014Is an end to the modern drug war the only real way to prevent future Fergusons?
08.19.2014Senator Whitehouse defends risk-assessment tools for some sentencing determinations
08.19.2014"An Empirical Evaluation of the Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, and Geographic Disparities?"
08.19.2014Washington appeals court strikes down sign-holding shaming sanction as statutorily unauthorized
08.18.2014Intriguing account of how Pittsburgh police undermined local crime-fighting efforts
08.18.2014More evidence of the poor funtioning of California's crime-and-punishment policies and practices
08.17.2014Noting a legal mess with sex offender registries that is not ok in OK
08.17.2014"Adverse childhood events: Incarceration of household members and health-related quality of life in adulthood"
08.16.2014Texas Gov Rick Perry facing two felony charges carrying significant mandatory minimum prison terms
08.15.2014Eighth Circuit reverses 20-month sentence for police abuse and perjury as substantively unreasonable
08.15.2014More effective Slate coverage of extremes of (and problems with) sex offender registries
08.15.2014Senator Rand Paul blames ugliness of Ferguson on the ugliness of big CJ government
08.15.2014"Restructuring Clemency: The Cost of Ignoring Clemency and a Plan for Renewal"
08.14.2014Alabama federal judge has cases reassigned after his arrest for wife-beating
08.14.2014"How Prisoners' Rights Lawyers are Preserving the Role of the Courts"
08.14.2014US Sentencing Commission finalizes its policy priorities for coming year
08.13.2014"Waking the Furman Giant"
08.13.2014Noting the push for reforming the fraud federal sentencing guidelines
08.12.2014"Sex Offender Laws Have Gone Too Far"
08.12.2014Is preventing ex-prisoners from being homeless the key to preventing recidivism?
08.12.2014Eleventh Circuit finds probation sentence for public corruption substantively unreasonable
08.11.2014Three distinct takes on AG Eric Holder's recent reservations about risk-based sentencing
08.11.2014Federal district judge extends Ohio's death penalty moratorium based on execution challenges to January 2015
08.11.2014Ninth Circuit panel splits over prisoner Sixth Amendment suit about officials reading legal mail
08.10.2014Early data from Colorado suggest teenage use of marijuana is down since legalization
08.10.2014"Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a 'Scientific Stare Decisis'"
08.10.2014Can wine fraudster reasonably whine that his sentence was not reduced given wealth of victims?
08.09.2014"May the government try John Hinckley for James Brady's murder?"
08.08.2014"The High Costs of Low Risk: The Crisis of America's Aging Prison Population"
08.07.2014"Sociology of Prison Life"
08.07.2014Greek priest helps poor inmates buy their way out of Greek prisons
08.06.2014Notable discussion of traffic fatalities in Colorado after marijuana legalization
08.06.2014Another round of heated debate over guilt of executed Cameron Todd Willingham
08.06.2014Conservative Townhall publication provides more signs of modern political sentencing times
08.06.2014Mizzou complete uneventful execution with single dose of pentobarbital
08.06.2014Some sentencing reminders about what stalled in the "do-nothing Congress"
08.05.2014Check your local PBS listings for "15 to Life: Kenneth's Story"
08.05.2014Judge denies Florida sex offender's request to be physically castrated
08.05.2014"The Miller Revolution"
08.05.2014Is Jodi Arias really going to represent herself at her Arizona death penalty retrial?
08.04.2014Significant AG Holder comments asserting severe rigid sentences are not needed to induce cooperation
08.04.2014Will any Justices express any concerns about drug secrecy after third ugly execution?
08.04.2014"Women in the Federal Offender Population"
08.04.2014Sixth Circuit reverses federal forced labor conviction based on ordering kids to do household chores
08.03.2014Round-up some more potent posts from Marijuana Law, Policy and Reform
08.02.2014"Cougar caged: Public sex nets woman, 68, six months in the slammer"
08.02.2014Documenting the high health-care costs of an aging prison population in Oklahoma
08.02.2014"Swift, Certain, and Fair Punishment — 24/7 Sobriety and Hope: Creative Approaches to Alcohol- and Illicit Drug-Using Offenders"
08.01.2014Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
07.31.2014"Attorney General Eric Holder to Oppose Data-Driven Sentencing"
07.31.2014Sixth Circuit panel finds one-day prison sentence unreasonable for white-collar defendant
07.31.2014Making a libertarian case for "Why the Death Penalty Needs to Die"
07.31.2014More potent reviews of criminal justice data via the Washington Post's Wonkblog
07.30.2014"Right on Crime: A Return to First Principles for American Conservatives"
07.30.2014Indiana reforms highlight how sentencing laws impact cops as well as courts
07.30.2014After another ugly execution, will Missouri and Texas have any difficulties keep up monthly execution plans?
07.30.2014Should civilly committed sex offenders get in trouble for watching Game of Thrones?
07.30.2014"The Federal Marijuana Ban Is Rooted in Myth and Xenophobia"
07.29.2014US District Judge Gleeson prods prosecutors to undo stacked gun counts and then praises effort to do justice
07.29.2014"The Injustice of Marijuana Arrests"
07.29.2014Alabama struggling (and facing lawsuits) as sentencing toughness produces overcrowded prisons
07.28.2014"Are Opponents Of The Death Penalty Contributing To Its Problems?"
07.28.2014Fascinating Fourth Circuit split over how federal sentencing problems should inform guideline interpretation
07.27.2014Defender hiccup or major headache for Clemency Project 2014?
07.27.2014"Grace Notes: A Case for Making Mitigation the Heart of Noncapital Sentencing"
07.27.2014Another effective review of how Obamacare could be "an antidote to crime"
07.27.2014New York Times: "on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization"
07.27.2014New York Times: "on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization" of marijuana
07.26.2014Senator Rand Paul and Governor Chris Christine continue to make the case for criminal justice reforms
07.25.2014"After troubled execution in Arizona, Ohio to use same drugs, dosage"
07.25.2014Is Judge Kozinski recent opinion proof that "the death penalty is doomed"?
07.24.2014"There's little evidence that fewer prisoners means more crime"
07.24.2014"Paying for Gideon"
07.24.2014Round-up of posts from Marijuana Law, Policy and Reform
07.24.2014Rep. Ryan's new anti-poverty proposal calls for federal sentencing and prison reforms
07.23.2014Should federal prosecutors be able to read emails sent by prisoners to their lawyers?
07.23.2014"Fewer Prisoners, Less Crime: A Tale of Three States"
07.23.2014After SCOTUS vacates First Amendment stay, Arizona Supreme Court delays execution
07.23.2014After stays vacated, Arizona needs two hours to complete another ugly execution
07.22.2014John Oliver covers the realities of incarceration nation
07.22.2014After Kozinski's candor, what will SCOTUS due about First Amendment stay in Arizona capital case?
07.22.2014"Strictly Taboo: Cultural Anthropology's Insights into Mass Incarceration and Victimless Crime"
07.22.2014Within-guideline sentences remain below 50% according to latest quarterly USSC data
07.22.2014What do you get when you mix a challenge to a local $30 "booking fee" with a lot of very smart federal judges?
07.21.2014Split Ninth Circuit panel stays Arizona execution based on First Amendment (really?!?!) drug secrecy concerns
07.21.2014How many of nearly 50,000 federal prisoners need a lawyer to help with drug sentence reduction efforts? How many will get a lawyer?
07.21.2014"Liberal but Not Stupid: Meeting the Promise of Downsizing Prisons"
07.21.2014Thoughtful Teague-based criticism of the remarkable California capital ruling in Jones v. Chappell
07.20.2014Tragic and personal criminal justice story: the killing of Professor Dan Markel
07.19.2014US Attorney for NJ: "Ex-offenders get time, now they need opportunity"
07.18.2014Furman and randomness (not just delay) at heart of California capital ruling
07.18.2014USSC votes for full (though slightly delayed) retroactivity of new reduced drug guidelines
07.18.2014Split Iowa Supreme Court declares all mandatory juve sentencing terms violate state constitution
07.17.2014"Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends"
07.17.2014Newt Gingrich saying again that "backing sensible and proven reforms to the U.S. criminal-justice system is a valuable conservative cause"
07.17.2014Divided en banc Third Circuit announces new approach to preserving procedural sentencing error claims
07.17.2014Lots of notable discussion of yesterday's notable decision striking down California's death penalty
07.17.2014Huge reduced drug guideline retroactivity decision expected from US Sentencing Commission on 7/18
07.16.2014Latest polling shows rich, white, midwestern guys aged 30-44 most likely to favor pot legalization
07.16.2014"Volunteers for Execution: Directions for Further Research into Grief, Culpability, and Legal Structures"
07.16.2014Federal district judge declares California's death penalty unconstitutional under Eighth Amendment
07.15.2014Careful examination of California's "mixed" record with realignment
07.15.2014Intriguing sparring over victims' rights in Colorado massacre capital case
07.14.2014Are federal drug sentences for mules now too short?
07.14.2014Third Circuit approves forcible medication to enable federal sentencing
07.14.2014Former Rep. (and former felon) Duke Cunningham now says "my Democrat colleagues were right and I was wrong on some issues as far as criminal justice"
07.14.2014Fourth Circuit to reconsider en banc its Whiteside ruling concerning reconsideration of guideline errors in 2255
07.14.2014"Moneyball Sentencing"
07.13.2014"4 Reasons Conservatives Are Embracing Prison Reform"
07.13.2014"An NTSB for Capital Punishment"
07.13.2014USSC Chair reiterates Commission's sentencing reform message to House Judiciary Committee
07.11.2014Second Circuit finds unreasonable probation sentence based on "cost of incarceration"
07.11.2014Some more informed legal buzz about marijuana reform via MLP&R
07.10.2014"The Consequences of Error in Criminal Justice"
07.10.2014Split Michigan Supreme Court rejects retroactivity of Miller for hundreds of juve lifers
07.10.2014Georgia Board of Pardons and Paroles grants execution eve clemency to witness killer
07.09.2014"States Push For Prison Sentence Overhaul; Prosecutors Push Back"
07.09.2014Following the money behind sustaining pot prohibition
07.09.2014Former NOLA mayor Ray Nagin gets 10-year federal prison sentence for corruption
07.08.2014Making a spiritual case for abolishing the death penalty
07.08.2014Even as its prospects dim, Smarter Sentencing Act is impacting federal sentencing proceedings
07.08.2014Notable Third Circuit discussion of revocation of supervised release standards
07.08.2014Senators Paul and Booker introducing another important bipartisan CJ reform bill
07.07.2014Highlighting a notable lacuna in crime statistics
07.07.2014Robert Blecker suggests "5 ways to improve the U.S. death penalty"
07.07.2014Interesting account of guidelines accounting facing former NOLA mayor at upcoming federal sentencing
07.07.2014"Do Residency Bans Drive Sex Offenders Underground?"
07.05.2014High-profile ex-con (who is also an ex-Gov) eager to keep pushing for death penalty abolition
07.05.2014"The Double Edged Sword of Prison Video Visitation: Claiming to Keep Families Together While Furthering the Aims of the Prison Industrial Complex"
07.04.2014Another July 4th open thread seeking comments on liberty and freedom in the USA
07.03.2014Fascinating suggestion of "Mitt Romney for drug czar"
07.03.2014Hawaii legislatively eliminates all juve LWOP sentences for all crimes
07.03.2014"6 Months Later, Legalizing Weed In Colorado Is A Huge Success"
07.02.2014"Into the Breach: The Case for Robust Noncapital Proportionality Review Under State Constitutions"
07.02.2014An (overly?) optimistic account of how GPS technology could "solve" mass incarceration
07.02.2014Another round-up of recent posts of note from Marijuana Law, Policy & Reform
07.01.2014Significant (but unpublished!?!) Sixth Circuit ruling finding Lafler prejudice despite defendant's claims of innocence
07.01.2014Detailing a notable capital punishment surge in the Sunshine State
06.30.2014Yet more ACCA messiness out of Maryland
06.30.2014Two new examinations of white-collar prosecutions and punishment schemes
06.30.2014Could part of Hobby Lobby "havoc" include new RFRA challenges to federal drug laws and their regulatory enforcement?
06.30.2014Ninth Circuit sorts out federal case of CJA payment delayed, then CJA representation denied
06.29.2014Can and should California's enduring CJ problems be blamed on those who've long opposed a state sentencing commission?
06.28.2014Despite ugly execution, Oklahomans still strongly support death penalty
06.28.2014"Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to Apprendi"
06.27.2014Effective review of debate over federal fraud guidelines in preview of another high-profile insider trading sentencing
06.27.2014New York Times op-ed laments Kettle Falls 5 federal marijuana prosecution
06.27.2014"Managing Prisons by the Numbers: Using the Good-Time Laws and Risk-Needs Assessments to Manage the Federal Prison Population"
06.27.2014A 22-year-old driving his parents' RV from Colorado to Wisconsin with $50K, pot and a pit-bull gets pulled over in Nebraska...
06.26.2014"What Is Criminal Restitution?"
06.26.2014Could McCullen's First Amendment scrutiny impact (and strengthen) Second Amendment claims?
06.25.2014New Sentencing Project analysis details states' sluggish response to Miller
06.25.2014Notable SCOTUS consensus that Fourth Amendment requires a warrant for cell phone searches
06.24.2014How SCOTUS Halliburton ruling could have white-collar sentencing echoes
06.24.2014"Forget Sentencing Equality: Moving from the 'Cracked' Cocaine Debate Toward Particular Purpose Sentencing"
06.24.2014Others starting to appreciate "Rand Paul, Criminal Justice Hero"
06.23.2014SCOTUS grants cert to resolve split over reach of statutory bank robbery aggravator
06.23.2014SCOTUS rules against defendant concerning required bank fraud intent in Loughrin
06.23.2014Another account of how ACCA interpretation aggravation endures, this time in Maryland
06.22.2014New York Times editorial laments stalled federal sentencing reform
06.21.2014Citing Windsor, marijuana defendant aggressively attacks federal prosecution
04.21.2014A few headline highlights concerning those celebrating different high holy day
04.21.2014"WWJD? Reform Alabama's horrible criminal sentencing laws"
04.21.2014SCOTUS takes up two criminal cases, including yet another ACCA application question
04.21.2014Is Prez Obama likely to grant clemency to "hundreds, perhaps thousands" of imprisoned drug offenders?
04.20.2014Gov Chris Christie talking up drug sentencing reform as a pro-life commitment
04.19.2014"Blackstone's Curse: The Fall of the Criminal, Civil, and Grand Juries and the Rise of the Executive, the Legislature, the Judiciary, and the States"
04.18.2014Effort to repeal death penalty in New Hampshire falls one vote short
04.18.2014Should Prez Obama create a "Presidential Commission on Mass Incarceration"? Who should be on it?
04.17.2014Another bizarre, sad and fatal case of reefer madness?
04.17.2014"Culpability and Modern Crime"
04.17.2014Big new empirical analysis of federal prosecutorial charging practices
04.16.2014Denver reporting notable 2014 crime reduction since legal pot sales started
04.16.2014"Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders"
04.16.2014Another sign of the modern sentencing times: notable sponsor for "How the Criminal Justice System Impacts Well-Being"
04.16.2014Critical reflections on the Cantu commutation ... aka why some federal prosecutors perhaps deserve to be demonized

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